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Tag: Onnoghen

  • Onnoghen: Buhari acted within constitutional powers – Sagay

    The Chairman of the Presidential Advisory Committee against Corruption (PACAC), Prof Itse Sagay (SAN), on Friday said the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen by President Muhammadu Buhari was legal and morally right.

    Sagay insisted that Buhari only obeyed a court order in suspending Chief Justice Walter Onnoghen.

    He said the President’s action was in line with the rule of law as there was a valid order, which he obeyed. Sagay told The Nation last night that Chief Justice Onnoghen’s removal was also morally justified as he had admitted that he did not fully comply with the assets declaration requirements.

    He agreed that the Constitution empowers the President to remove the CJN through the Senate.

    However, he argued that the president could also suspend the CJN pending when the Senate votes on whether the CJN should be removed or not, According to him, the CJN could return to his post if the Senate does not remove him by a two-thirds majority.

    Sagay said: “The suspension is morally justified and legally justified. Morally, he should not be in that office considering what has happened. Legally, the President has powers to remove him.

    “The Code of Conduct Tribunal gave an order that the CJN should be removed from office. So, the President carried out a court order. “If anyone says it’s an exparte application, my answer is that all the orders they got from courts over the matter were ex-parte.

    “If they have been using ex-parte, they have no moral right to quarrel if the prosecution applies the same method in one case as against four in their own case.

    “So, the President was obeying a court order and for the rule of law to prevail, he should obey court orders. That’s number one. “Two, without even going to court, Section 292 (1) of the Constitution provides for the CJN’s removal, including over a breach of the Code of Conduct. He has committed a breach of the Code of Conduct and he has admitted it.

    “The only person who can remove the CJN in the Constitution is the President. The removal could take the form of presentation of the matter before the Senate by the President. “The Senate cannot bring the matter before themselves, nor can the National Judicial Council.

    So, the President, in trying to exercise the power of removal of the Chief Justice for breach of Code of Conduct, can first suspend him. Hide original message

    “He can then take his name to the Senate for consideration for permanent removal. If the case fails and the Senate cannot vote by two-thirds majority, then the CJN returns to his post.

    This is my own interpretation. “But the government has adopted the alternative option of obeying a clear court order which accords with the rule of law.”

     

  • Saraki, Atiku, Dickson, others condemn Onnoghen’s suspension, say Buhari endangering Nigeria’s democracy

    The controversial suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen by President Muhammadu Buhari on Friday evening has continued to generate mixed reactions with most Nigerians describing the suspension as illegal and aberration of constitutional process.

    The Senate President, Bukola Saraki; presidential candidate of the Peoples Democratic Party, Atiku Abubakar, Governor Seriake Dickson of Bayelsa State and other influential Nigerians have condemned act.

    Recall that President Buhari announced suspension of the CJN on Friday, accusing the top jurist of failing to properly declare his assets in violation of the Nigerian code of conduct law. Onnoghen denied the allegations, and the matter had been taken before a tribunal.

    The tribunal has not ruled on the matter, but granted a controversial ex-parte order for the president to suspend Mr Onnoghen from office indefinitely.

    The Court of Appeal, which has powers to review the actions of the tribunal, ruled this week that the tribunal should cease further hearing on the assets declaration charges, which were brought against Mr Onnoghen by a former aide of Mr Buhari and a senior member of the ruling All Progressives Congress in Enugu State.

    The Nigerian Constitution at Section 292 said a Supreme Court judge can only be removed with the concurrence of two-thirds of the Nigerian Senate, which has a total of 109 members. But the legislature has not heard any matter about Mr Onnoghen, much less taken action towards his removal.

    Onnoghen was suspended a day before he was scheduled to inaugurate the election petition tribunals for next month’s election. Many believe the president acted to prevent him from doing so.

    See statements from Saraki, Atiku, Dickson and others on the suspension below:

    Onoghen’s Suspension, a Coup Against Democracy – Saraki

    Senate President, Dr. Abubakar Bukola Saraki has described the suspension of the Chief Justice of Nigeria, Hon. Justice Walter Onoghen by President Muhammadu Buhari, as a coup against democracy and a deliberate attempt to endanger our hard-won democracy.

    Saraki, in a statement personally signed by him stated that the suspension was another act of desperation by President Buhari. He noted that by the suspension of the CJN, Buhari has acted outside the provision of the constitution, has exercised the powers which he does not have and that this action amounted to gross misconduct.

    “This is an action aimed at undermtining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process, thereby laying the foundation for influencing the outcome of litigations that might arise from next month’s elections.

    “There are already the general belief that this hasty action was taken to pre-empt the already scheduled inauguration of election petition tribunals by Hon. Justice Onoghen and to destroy national institutions that are perceived to be unco-operative in his bid to manipulate the electoral process leading to next month’s general elections.

    “By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has taken an action which amounted to gross misconduct. He has simply sent a dangerous signal to the entire world that Nigeria is no longer a democratic nation and that we have returned to the old, jaded era of military dictatorship .

    “Our constitution makes no provision for suspension of the nation’s highest judicial officer. The constitution provides a clear process for removal of the CJN and specify the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency, have different roles to play in that process. There is no condition under which the President can usurp the powers of other arms of government. I do not know where the President and his advisers got this idea of suspending the CJN on the so-called order of the Code of Conduct Tribunal but this is novel, disingenuous and alien to our laws.

    “The President and his team must have seen this so-called suspension as a short-cut to getting Hon. Justice Onnoghen out of the way since the appellate court has eventually stopped the CCT from continuing with the trial of the CJN. It is strange that President Buhari is claiming to be taking orders from a Tribunal which has been ordered by a superior court to halt all actions on the trial.

    “With this action, President Buhari has initiated a process the consequence of which nobody can predict. They have precipitated a constitutional crisis.

    “At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We should jointly condemn this retrogressive, uncivilized and despotic measure”, Saraki stated.

    He however called on President Buhari to immediately reverse this decision and allow the due process of law to take its natural course in determining the guilt or otherwise as well as the suitability of Hon. Justice Onnoghen to continue as the head of the nation’s judiciary.

     

    The Purported Suspension of CJN Onnoghen is an Act of Dictatorship Taken too Far – Atiku

    The purported suspension of the Chief Justice of Nigeria by President Muhammadu Buhari, is an anti democratic act which I reject in its entirely and call on Justice Onnoghen and the judiciary to resist with every legal and constitutional means that they can muster.

    This brazen dictatorial act is the latest action in the ongoing rape of our nation’s hard earned democracy by those who dined with anti democratic forces, and is symptomatic of the increasing desperation that President Buhari and the cabal pulling the strings have as February 16, 2019 draws near.

    The fact that the unlawful suspension of Chief Justice Walter Onnoghen was announced just as it became public knowledge that the CJN was constituting the election petition tribunals is not lost on discerning Nigerians and the international community. This act of desperation is geared towards affecting the outcome of the 2019 Presidential elections. Indeed, it is not just the CJN that has been “suspended”, it is the Nigerian Constitution that has been infracted and, in effect, suspended, under the guise of the suspension of the CJN.

    The case involving the legality or otherwise of the charges against Chief Justice Walter Onnoghen is in court, as it should be. So far, the judiciary has ruled in Justice Onnoghen’s favour. So, why not allow the court to adjudicate on the matter? What is the pressing urgency?

    I want to seize this opportunity to call for unity amongst the judiciary. Do not let the Muhammadu Buhari administration divide you. Do not let this government turn you against yourselves. The judiciary is the last hope of the common man and the defender of our democracy.

    I also urge the international community to follow the commendable example of the United States and the United Kingdom by intervening to make those involved in this undemocratic act know that their actions will have consequences. Strong consequences.

    And to the Nigerian electorate, I call on you to save your beloved country from dictatorship by voting against President Muhammadu Buhari’s desperate war against the judiciary. Our country is falling apart under the leadership of President Buhari and it is time to stand up for democracy.

     

    ONNOGHEN’S REMOVAL AS CJN A SAD DAY FOR DEMOCRACY, NIGERIA’S STABILITY – DICKSON

    The Chairman of the South South Governors Forum and Governor òf Bayelsa State, the Honourable Henry Seriake Dickson, has condemned the decision of President Muhammadu Buhari to sack the ChiefJustice òf the Federation, Justice Walter Onnoghen.

    The Governor described the removal of Onnoghen as a sad day and indeed a sad commentary on democracy in Nigeria.

    The Special Adviser to the Governor on Media Relations, Mr. Fidelis Soriwei, quoted the Governor as having made the comment while speaking with journalists shortly after receiving the Sun Newspaper Award for the Outstanding Politician the Year in Lagos on Thursday night.

    Dickson also said that the action was inimical to the desired stability of the nation and critical institutions of state.

    The Governor said that Nigerians had a responsibility to be concerned about the electoral process and the critical institutions entrusted with the responsibility to safeguard democracy in the society.

    He said that Nigeria would be heading in the direction of a shithole country as a president allegedly said if critical institutions of state don’t get it right.

    He lamented that the removal of Onnoghen from his exalted position of the Chief Justice òf Nigeria showed in clear terms that democracy was under serious stress and test.

    He said, “Talking about the unfortunate development today, having read the details about it, and if the report that we are reading about it are anything to go by, then it is a very sad commentary on our nation’s democracy

    “It is a very sad day, for our nation’s democracy and for the stability of our nation, and the stability of the critical national institution of which the judiciary is primus inter pares.

    “We must be concerned about the process, the integrity of the national critical institutions that will safeguard and reinforce our democracy, seeing our democracy has come under very severe stress and test by what has happened today.

    He stressed that while the courts would make pronouncement on the legality or otherwise on the development around the CJN, he personally found the action condemnable

    “Is this action legal? I am sure the courts are there to make pronouncements on it one way or the order. However I have my views, and clearly I condemn it.” He added.

    He emphasized the need for due process and adherence to constitutional provisions stressing that countries are governed according to laws and mutual respect among the political class.

    The Governor said that there must be respect for processes in the Indepedent National Electoral Commission, and the security agencies.

     

    PRESIDENT BUHARI’S COUP AGAINST THE NIGERIA CONSTITUTION AND PEOPLES – MID WEST MOVEMENT

    The Midwest Movement condemns in the strongest words possible, the sacrilegious actions of suspension of the substantive Chief Justice of Nigeria (CJN), His Lordship Hon. Justice Walter Onnoghen and the purported appointing of an Ag. Chief Justice in the person of Ibrahim Tanko Mohammad, JSC. We hereby DEMAND the immediate annulment of this “coup” against the Nigerian Constitution.

    The reasons given by President Muhammadu Buhari for taking these weighty and clearly unconstitutional steps are as flawed as they are an embarrassment to the entire Nigeria nation and Midwest Region of Edo and Delta States in particular.

    The provision of the Constitution is very explicit on the processes for removing and replacing the Chief Justice of Nigeria. The relevant provision is section 292 (1) (a) (i), which prescribes that the CJN, can only be removed by the “President acting on an address supported by two/thirds majority of the Senate.”

    The Constitution does not empower the President to suspend the CJN. The judiciary is a co-equal branch of government. By the separation of powers, checks and balances enshrined in the Constitution, *the CJN cannot be disciplined unilaterally by the President under any guise whatsoever! *

    In effect, the CJN is not subordinate to the President and is neither under the President nor are all other members of the judiciary.

    While the Midwest Movement, as most Nigerians, support the crusade against corruption, we reject any so-called anti-corruption crusade which amounts to abuse of power. The country cannot afford the catastrophic consequences of undermining due process of law as the President has exhibited.

    The Midwest Movement therefore aligns with all those who have condemned this presidential act of brazen lawlessness and call on the National Assembly to react appropriately.

    On our part, we call on the good people of Edo and Delta States to brace up for the titanic battle to rescue Nigeria from the hands of lawless people in power whoever they may be. We assure that no matter how hard lawless people will try, theirs is a lost cause from the very beginning.

    Nigeria shall survive them. It has always done so for many years; and with the people coming together and insisting on the rule of law and it’s due processes, the country shall pull through this renewed assault against the rule of law and shall emerge even more strengthened.

    Long live the good people of Delta and Edo State.

    Long live the Federation of Nigeria.
    Up Bendel!!

    Dr. Pedro Obaseki
    Convener
    Midwest Movement.

  • NBA rejects Onnoghen’s suspension, says Buhari ill-advised

    The Nigerian Bar Association (NBA) on Friday rejected the suspension of Chief Justice of Nigeria (CJN), Walter Onnoghen, describing it as a coup against the Judiciary.

    Its President, Paul Usoro (SAN), said President Muhammadu Buhari’s decision amounted to the suspension of the Constitution. In a statement, the NBA said the swearing-in of Justice Ibrahim Tanko as the acting CJN cannot stand.

    “The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government.

    “The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. “It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the National Judicial Council.

    “It is unfortunate that the Executive branch of government purports to suspend the CJN on the basis of an alleged exparte order of the Code of Conduct Tribunal – the same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others. Hide original message “We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action.

    “In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. “We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law.”

  • Buhari defends suspension of CJN [Full Text]

    Buhari defends suspension of CJN [Full Text]

    President Muhammadu Buhari on Friday announced the suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen, citing an order from the Code of Conduct Tribunal (CCT).

    Buhari also announced the appointment of the next most senior judge at the Supreme Court, Tanko Mohammed, as the new acting CJN.

    In his speech announcing the suspension, the president made reference to false assets declaration charges against the chief justice.

    “Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law,” the president said.

    Below is the full speech of the president while suspending Onnoghen.

    ADDRESS BY HIS EXCELLENCY, MUHAMMADU BUHARI, PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, ON THE SUSPENSION OF HONOURABLE JUSTICE WALTER NKANU SAMUEL ONNOGHEN AS CHIEF JUSTICE OF NIGERIA AND SWEARING IN OF ACTING CHIEF JUSTICE, 25TH JANUARY 2019

    Fellow Nigerians,

    A short while ago, I was served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers.

    2. The nation has been gripped by the tragic realities of no less a personality than the Chief Justice of Nigeria himself becoming the accused person in a corruption trial since details of the petition against him by a Civil Society Organization first became public about a fortnight ago.

    3. Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law.

    4. Perhaps more worrisome is the Chief Justice of Nigeria’s own written admission to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, citing ’’mistake’’ and ’’forgetfulness’’ which are totally unknown to our laws as defences in the circumstances of his case.

    5. One expected that with his moral authority so wounded, by these serious charges of corruption, more so by his own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to spare our Judicial Arm further disrepute by removing himself from superintending over it while his trial lasted.

    6. Unfortunately, he has not done so. Instead, the nation has been treated to the sordid spectacle of a judicial game of wits in which the Chief Justice of Nigeria and his legal team have made nonsense of the efforts of the Code of Conduct Tribunal to hear the allegation on merit and conclude the trial as quickly as possible considering the nature of the times in which we live.

    7. Whether deliberately or inadvertently, we have all seen the full weight of the Chief Justice of Nigeria descend on the tender head of one of the organs of justice under his control. There is simply no way the officers of that court, from the Chairman to the bailiffs, can pretend to be unaffected by the influence of the leader of the Judiciary.

    8. Not only the trial court, but others have been put on the spot. Practically every other day since his trial commenced, the nation has witnessed various courts granting orders and counter-orders in favour of the Chief Justice of Nigeria, all of them characterised by an unholy alacrity between the time of filing, hearing and delivery of judgment in same.

    9. The real effect has been a stalling of the trial of Justice Onnoghen, helped along by lawyers who insist that these orders, whether right or wrong are technically valid, and must be obeyed till an appellate Court says otherwise. No doubt, that it is the proper interpretation, but is it the right disposition for our nation?

    10. Nigeria is a constitutional democracy and no one must be, or be seen to be, above the law. Unfortunately, the drama around the trial of the Chief Justice of Nigeria has challenged that pillar of justice in the perception of the ordinary man on the street. For it is certain that no ordinary Nigerian can get the swift and special treatment Justice Onnoghen has enjoyed from his subordinates and privies in our Judicature.

    11. In the midst of all these distracting events, the essential question of whether the accused CJN actually has a case to answer has been lost in the squabble over the form and nature of his trial. This should not be so.

    12. If Justice cannot be done and clearly seen to be done, society itself is at risk of the most unimaginable chaos. As a Government, we cannot stand by wailing and wringing our hands helplessly but give our full backing and support to those brave elements within the Judiciary who act forthrightly, irrespective of who is involved.

    13. As you are all aware, the fight against corruption is one of the tripod of policies promised to Nigerians by this administration. Needless to say that it is an existential Policy which must be given adequate attention and commitment by all the three arms of government. The efforts of the Executive will amount to nothing without the cooperation of the Legislature and especially the Judiciary.

    14. It is no secret that this government is dissatisfied with the alarming rate in which the Supreme Court of Nigeria under the oversight of Justice Walter Onnoghen has serially set free, persons accused of the most dire acts of corruption, often on mere technicalities, and after quite a number of them have been convicted by the trial and appellate courts.

    15. Since there is nothing the Executive Arm can do after the apex court of the land has spoken on any matter, several of these individuals walk free among us today, enjoying what are clearly the proceeds of the corruption which for so long has defeated the efforts of this nation to develop and prosper.

    16. It is against this background that I have received the Order of the Code of Conduct Tribunal directing me to suspend the Chief Justice pending final determination of the cases against him. It also explains why I am not only complying immediately, but with some degree of relief for the battered sensibilities of ordinary Nigerians whose patience must have become severely over-taxed by these anomalies.

    17. In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.

    18. Accordingly, I hereby suspend the Honourable Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice of Nigeria pending final determination of the case against him at the Code of Conduct Tribunal.

    19. In further compliance with the same Order of the Code of Conduct Tribunal, I hereby invite Honourable Justice Ibrahim Tanko Mohammed JSC, being the next most Senior Justice in the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity.

    20. Fellow Nigerians, we can only stand a chance to win the fight against Corruption, and position our dear nation for accelerated development when we stand together to contend against it.

    Thank you and may God bless our country.

  • BREAKING: Buhari suspends CJN Onnoghen, swears in Acting CJN

    BREAKING: Buhari suspends CJN Onnoghen, swears in Acting CJN

    The Federal Government on Friday suspended the embattled Chief Justice of Nigeria (CJN), Walter Onnoghen following the order of Code of Conduct Tribunal of January 23rd.

    According to the Federal Government, the suspension stands till the conclusion of his trial at the Code of Conduct Tribunal.

    To replace him, President Muhammadu Buhari on Friday swore in acting CJN in the person of Justice Ibrahim Tanko Mohammed from Bauchi State.

    He was conveyed to the Presidential Villa at about 4:30pm in a black Mercedes Benz C240 with number plate GWA: 900FA.

    Details later...

  • Appeal Court stops CCT from proceeding with Onnoghen’s trial

    The Court of Appeal on Thursday ordered the Code of Conduct Tribunal to halt the trial of the Chief Justice of Nigeria, Walter Onnoghen.

    The appeal court granted an order for stay of proceedings of the trial at the tribunal.

    A three-member panel of the appeal court granted the interim order pending the ruling on a suit filed by Mr Onnoghen, Channels Television reports.

    The CCT had adjourned Mr Onnoghen’s trial to Monday.

    Onnoghen is being tried by the Nigerian government for alleged false asset declaration.

    He has denied any wrongdoing.

     

  • Alleged False Asset Declaration: CJN Onnoghen absent again as Tribunal resumes hearing

    The Chief Justice of Nigeria, Justice Walter Onnoghen was absent from court again on Monday, as the Code of Conduct Tribunal resumed hearing of a case of alleged false asset declaration against him.

    Onnoghen is facing six charges of alleged false declaration of assets.

    He was first due for arraignment on January 14, but he missed appearance.

    The Code of Conduct Tribunal chairman Danladi Umar then issued Onnoghen another summon after his lawyers said the first summons were not properly served.

    Umar fixed January 22 for Onnoghen to appear and be docked as the only defendant in the trial, but he was not in court as of 10:21 a.m. when the tribunal opened.

    More details later.

     

  • A’Court fixes date for hearing of CJN Onnoghen’s appeal against trial

    The Court of Appeal Abuja on Monday fixed January 24 to hear a notice of appeal seeking to restrain the trial of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal.

    Counsel to Onnoghen, Chief Adegboyega Awomolo (SAN), had filed the appeal challenging the January 14 decision of the tribunal which adjourned until January 22 to commence proceedings on the trial of the CJN.

    Ruling, Justice Abdul Aboki held that the appellate court had no definitive order to make in the present circumstance and therefore went ahead to fix January 24 to hear the merit of the appeal.

    It would be recalled that the Federal High Court Abuja, the FCT High Court and the National Industrial Court had, at various times, restrained the tribunal from commencing Onnoghen’s trial pending the determination of suits on the subject matter before them.

    Counsel to the Federal Government, Mr. Emmanuel Omonuwa, had raised objection on the court’s earlier readiness to hear the appeal, adding that he was served with the processes on Friday.

    According to him, he requires some days to file his responses on the issues raised. He, therefore, prayed the court to adjourn the matter to enable him file his responses.

    Omonuwa also said that there was no need for the court to make any fresh restraining order, as three courts in Abuja had already issued restraining orders on the CCT, adding that those orders still subsisted.

    Onnoghen, in the appeal, is also challenging CCT’s admission of Federal Government’s motion asking him to step down as the CJN pending the determination of the petition.

    The News Agency of Nigeria recalls that the Code of Conduct Bureau instituted an action against the applicant on allegations bordering on non-assets declaration.

  • Onnoghen: Court renews restraining order against CCT

    The National Industrial Court has reinforced its order restraining the Code of Conduct Tribunal from proceeding with the trial of the Chief Justice of Nigeria, Walter Onnoghen.

    Onnoghen is facing six charges of false assets declaration filed against him by the Code of Conduct Bureau.

    The NIC had earlier on January 15 restrained the CCT from proceeding with the trial before adjourning till January 22 for the hearing of motion on notice.

    At the report resumed sitting on Monday, the NIC renewed its restraining order against the CCT.

    The reinforcement of the order followed an exparte application moved by the claimant’s counsel, James Igwe (SAN) who said there was difficulty in serving the CCT Chairman, Justice Danladi Umar, the court’s papers personally.

    The only defendant at the hearing on Monday was the National Judicial Council represented by Dr. Garba Tetengi (SAN).

  • FG tells Tribunal to order CJN Onnoghen to step aside before trial

    The federal government on Sunday demanded the removal from office of the Chief Justice of Nigeria, Walter Onnoghen, in the false asset charges it filed at the Code of Conduct Tribunal (CCT).

    According to the second request, made through the office of the Attorney-General of the Federation, the government wants the embattled CJN to step aside for his immediate junior in the bench, Ibrahim Mohammed, who hails from Bauchi State.

    Confirming the report earlier published by the Punch Newspaper, the tribunal said the request for Onnoghen to vacate his office was made the same day the false asset charge was brought against him.

    “I was just told now by the people at the registry that the motion was filed along with the charge,” said Ibrahim Alhassan, the head of media and publicity at the CCT.

    According to the request, the AGF asked Onnoghen to allow another judge head the NJC, “so that he (Onnoghen) would not be a judge in his own case.”

    It is unclear whether the federal government also petitioned the National Judicial Council about the allegations concerning the CJN.

    Various lawyers have said the current provision of Nigerian laws only empowers the council to undertake any kind of disciplinary action against serving judicial officers.

    While the media assistant to the AGF, Salihu Isah, refused to respond to calls and enquiries regarding the matter, the CJN’s spokesperson, Awassam Bassey, said in a text message on Sunday that he had no comments on the issue.

    However, copies of the motion published by the Punch Newspaper indicate that the government is asking the tribunal to order the vacation of Onnoghen from office and direct President Muhammadu Buhari to take immediate steps to swear in a new acting Chief Justice.

    “An order of the honourable tribunal directing the defendant/respondent to step aside as the Chief Justice of Nigeria and chairman of the National Judicial Council over an allegation of contravening the provision of the Code of Conduct Bureau and Tribunal Act CAP C15 Laws of the Federation of Nigeria 2004 pending the determination of the case.

    “An interlocutory order of the honourable tribunal directing the President of the Federal Republic of Nigeria to take all necessary measures to swear in the most senior Justice of the Supreme Court as an acting Chief Justice and chairman of the National Judicial Council in order to prevent a vacuum in the judicial arm of government pending the determination of the case,” the paper quoted the AGF as saying in the motion.

    Onnoghen was taken before the CCT by the anti-graft federal agency, the Code of Conduct Bureau, on January 11.

    The bureau accused Onnoghen of failing to declare his accounts used for the transfer of foreign currencies and delaying the renewal of his declaration form after same expired in 2009.

    It also accused him of only making a complete declaration in one, out of two forms filled in December 2016 and submitted with the Code of Conduct Tribunal.

    According to the charge, the failure of the CJN to include his domiciliary accounts in form 000014, while the details were only contained in form 000015, meant that the CJN attempted to conceal information and was liable, for false asset charges.

    The charges were brought pursuant to a petition against the CJN dated January 7 by a former National Publicity Secretary of the defunct Congress for Progressive Change and a current member of the ruling All Progressives Congress, Denis Aghanya.

    Reacting to criticisms that the federal government propelled the trial of Onnoghen, the Vice President, Yemi Osinbajo, said the president had nothing to do with it.

    Respondingto the charges against him, Onnoghen had said he failed to renew his forms in 2009, after the expiration of his 2005 declaration form because he “forgot” to do so.
    The CJN also said he had omitted the accounts in form 00014 because he believed that the said accounts were no longer functioning.

    Some lawyers described the comments by the CJN as a confirmation of his guilt. Others, however, said section 3 (d) of the CCB Act renders the charge invalid after Mr Onnoghen’s explanation.

    The section states thus: “Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary.”

    The tribunal adjourned Mr Onnoghen’s trial till January 22.

    Some courts have, however, issued restraining orders stopping the CCT from proceeding with the trial until the determination of related cases.

    Onnoghen was sworn in as CJN in March 2017, five months after he was nominated to replace the former Chief Justice of Nigeria, Mahmoud Mohammed.