Reactions have continued to pour in, ahead of the expected trial of the Chief Justice of Nigeria, Walter Onnogen, with many Nigerians calling on the Federal Government to be cautious of an action that could further heat up the polity.
A renowned lawyer, Kayode Ajulo, said that the charges against the CJN were dead on arrival, adding that the development would not only embarrass the government but Nigeria as a whole.
He said, “I’m of the opinion that someone is trying to embarrass not only the government of Nigeria, but also the entire nation by turning us to a full fledged Banana Republic. Nigeria is a country governed by our sacred constitutions and prescribed rules and regulations.
“The charges against CJN, Walter Onnoghen, is dead on arrival in view of the case of Ngangiwa v. FRN (2017) LPELR43391 wherein the Court of Appeal held that a judicial officer who has not been investigated by the National Judicial Communication and sanctioned for misconduct cannot be arraigned in any criminal Court in Nigeria.”According to him, there is a procedure for the removal of CJN under Section 292 of the Constitution, which is by Senate resolution.He observed, “So one needs to ask where the order to vacate his seat is coming from. Where is the Chief Legal Officer of the Federation who ought to advise our government properly? My colleagues in other jurisdiction have been calling, and not that I am bereft of what to say, but I am ashamed that this is happening to me, my profession, our judiciary and the entire country.“How do you want me to go abroad or have to perfect agreement with those that will regard us as lawless. Notice is hereby given to the Attorney General of the Federation to invoke his power under section 221 to enter Nolle Proseque to abate this latest prosecution, all jiggery pokery.” The Principal Partner, Matthew Bukar and Co, who also condemned government’s move to arraign the CJN, described it as a wrong step even if the sitting chief justice was culpable of any offence. According to the legal luminary, “it is very costly to arraign a sitting CJN because it will do more havoc to society than any good it may do.”The principal partner gave his reasons for condemning the planned arraignment, saying that the correct thing to do was to allow the National Judicial Council to carry out its statutory responsibility of determining the culpability or otherwise of the sitting CJN, and sanctioning him as provided for by law.“If the NJC sacks him, he can then be arrested by the police and charged to court, not as a sitting CJN, but as one who is standing trial as an individual. It is an anomaly to be arraigned as a sitting CJN and then go back to occupy the office of CJN and determine cases,” he said.“Don’t forget that the CJN is also the chairman of the NJC. I don’t think the Chairman of the CCT will be in good disposition when his boss (the CJN) is arraigned before him for criminal charges. Will he be in the right frame of mind to do the needful if his boss is guilty? I doubt it. Apart from that, it is possible that complaints against the CCT Chairman are before the CJN. Therefore, the process is faulty,” he added.On why he referred the CJN as sitting even when he had been asked to resign, Bukar said, “In the eye of the law, Onoghene is still the sitting CJN. The issue of his removal by the Federal Government is invalid unless it is done by two-third votes of the National Assembly. As such, any trial of a CJN, whose purpoted removal was not done by two-third of votes in the NASS, is not to be regarded because it is invalid. This means that if the CJN is arraigned under the circumstances, he is being arraigned as a sitting CJN.”
DON’T CAUSE CHAOS IN JUDICIAL SYSTEM – SARAKI
Senate President Bukola Saraki, on Friday, also advised the Federal Government to ensure that its plans to put on trial the nation’s chief judicial officer, did not cause chaos in the judicial system and that due process was not compromised. Saraki, in a statement signed by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, said if the Government truly had a genuine reason to put the incumbent Chief Justice of Nigeria on trial, it should ensure that every step in the process was transparent and the normal process, as provided by the law, was followed to the letter. He said, “A situation where the petition, which triggered the trial, was submitted to the Code of Conduct Bureau on Wednesday January 8 and by January 10 on Friday, the Chief Justice was presented with it for his reply, only for the charges to be drafted that same day and filed in the Code of Conduct Tribunal, all this taking place within three days and commencement of trial fixed for Monday, January 14, already indicate unnecessary haste and short-circuiting of the process of fair hearing. “It is important for the government and members of the public to know that as somebody who has travelled this route before, we should refrain from any media trial and political players should avoid abusing the judicial process in order to achieve what they could not get through normal political contests. Every body who is being tried should be presumed innocent until proven guilty. That is the underlining principle of our justice system.” According to him, the proposed trial of the CJN has once again opened up the debate on the transparency and neutrality of the fight against corruption.“The haste with which this trial is being pursued leaves a lot to be desired. From last Wednesday when the so-called petition against the CJN was initiated to the period the trial is scheduled to commence has been barely three working days whereas there are pending cases where the individuals involved have been indicted some months ago but no prosecution is being considered,” the Senate President stated. In the same vein, the Atiku-Agbaje Media Engagement Network has described the current move to bring Onnoghen before the Code of Conduct Tribunal as a vile attempt to cow the judiciary ahead of the 2019 general elections.”It is sacrilegious desecration of the Temple of Justice, the semblance of a coup d’etat and it must be resisted by every right thinking Nigerian,” AAMEN said in a statement released on Sunday by its Executive Secretary, Felix Oboagwina.AAMEN said, “Like recent moves against opposition voices, especially the social media, the legislature and lately the Daily Trust, placing Onnoghen’s neck under the guillotine is another blantant proof that President Muhammadu Buhari has not changed his spots. Underneath the farcade of his civilian Babaringa lurks the true colour of a pseudo Democrat, attempting to foist upon the nation the hangover of his military dictatorship. But Nigerians must rise as one to defang the emerging vampire.”The group insisted that the people’s wish as expressed through the ballot box would prevail, while accusing the APC of throwing caution to the wind and overheating the polity.
