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Tag: Trial

  • Alleged N7.2bn fraud: Court awaits fresh instructions to continue Kalu’s trial

    Alleged N7.2bn fraud: Court awaits fresh instructions to continue Kalu’s trial

    Justice Mohammed Idris of a Federal High Court in Lagos on Wednesday said that the court would await further directives to proceed with the trial of a former Governor of Abia State, Orji Kalu, facing charges of N7.2 billion fraud.

    Kalu, a chieftain of the ruling All Progressives Congress was alleged to have committed the offence between August 2001 and October 2005.

    The Economic and Financial Crimes Commission is prosecuting Kalu together with his former Commissioner for Finance, Ude Udeogo, and a company, Slok Nigeria Ltd., for the alleged offences.

    On October 31, 2016, the EFCC preferred 34 charges, bordering on N3.2 billion fraud against the accused.

    The charges were, however, amended and increased to 39 counts.

    Kalu and the others had each pleaded not guilty to the charges and were granted bail.

    The News Agency of Nigeria recalls that Justice Idris, who has been sitting as a trial judge in the criminal charge against Kalu, has been elevated to the Court of Appeal.

    He had, however, been conducting the trial in the case, following a fiat, authorising him to continue with the trial.

    At the last adjourned date on November 12, 2018, Kalu was absent from trial, after being absent on a previous adjourned date of November 5, 2018.

    Although the defence counsel had informed the court that he was away for medical treatment in Germany, the court had revoked his bail and ordered that at the point of his entry into the country, he must submit himself and all relevant travelling documents to the EFCC, failing which he would be arrested.

    The court had then adjourned the case until January 23, for the continuation of the trial.

    On Wednesday, the Prosecutor, Mr Rotimi Jacobs (SAN), appearing for the prosecution, informed the court that in spite of its order, the accused had refused to submit himself or his travelling documents to the EFCC.

    He argued that such attitude constituted a clear disregard for the court, adding that in the circumstance, he would urge the court to give effect to the provisions of Section 352(4) of the ACJA and continue with the trial of the accused even in his absence.

    According to Jacobs, the court should order defence to call its witnesses, failing which the court is allowed by the provisions of the law, to close their case.

    Responding, Counsel for the accused, Mr. Awa Kalu (SAN), expressed his displeasure with the submissions of the prosecution, noting that such arguments as canvassed by Jacobs should be put in an affidavit for the defence to reply.

    The court, however, in its reaction, informed parties that although the case had been adjourned for the continuation of the trial, the fiat issued by the presiding judge of the appellate court expired at the end of November 2018.

    He said that on January 10, he had received fresh fiat in respect of some other matters before him, adding that the case in point was not mentioned.

    Idris said that for this reason, he had strong doubt if he should continue with proceedings, adding that it was important he acted with abundant caution.

    “I should not proceed further, otherwise, I will be acting without authority. So, in the circumstance, I am of the view that further proceedings shouldn’t go on until I receive further instructions,” he said.

    The court added that as soon as such notice was received, hearing notices would be served on counsel.

  • 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.

  • 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.

     

  • JUST IN: APC condemns Onnoghen’s absence in court, insists CJN must face trial

    JUST IN: APC condemns Onnoghen’s absence in court, insists CJN must face trial

    The ruling All Progressives Congress (AP) on Monday condemned the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen while insisting that the embattled CJN must face his corruption trial at the Code of Conduct Tribunal (CCT).

    The ruling party said the noise being made by the Peoples Democratic Party and some elements in the bar was an indication of unholy alliance to frustrate the fight against corruption.

    This was contained in an address by the National Publicity Secretary of the All Progressives Congress, Lanre Issa-Onilu, on Monday.

    “Following the notice of the charges preferred against the Chief Justice of Nigeria, Justice Walter Onnoghen, by the Code of Conduct Bureau at the Code of Conduct Tribunal, the Peoples Democratic Party has been on overdrive vituperating over an issue that should at best be left to the judiciary to resolve,” Issa-Onilu said.

    Continuing, he noted, “While we would not want to be lured into discussing issues that are presently before the courts and for which any respectable political party hoping to hold positions of responsibility should restrain itself, we regret to suggest that the PDP’s attempt to hoodwink Nigerians into believing that there is a political motive behind the allegation brought against the CJN might itself be indicative of some unholy alliances.

    “The likely affinity existing between the PDP and a section of the judiciary is further accentuated by the nonappearance of Justice Onnoghen before the Code of Conduct Tribunal on Monday, in line with the suggestions made by the PDP governors from the South South on Sunday.

    “Are Nigerians expected to see this as a mere coincidence? Is the PDP and their governors acting a script? Haven’t we missed an opportunity to show confidence in an institution headed by the CJN?

    “This becomes more worrisome, knowing that the PDP campaigns have been receiving cold shoulders everywhere they have gone to and it has become apparent the party and its presidential candidate are facing imminent defeat in the February 2019 elections and may be searching for some unorthodox means of forcing itself on the Nigerian people.

    “If this were not so, the PDP should, before coming to these distracting conclusions, have taken cognisance of the facts of the allegations made against the CJN and his admission to the facts so stated.

    “The only logical conclusion in the circumstance is that realising the refusal of Nigerians to allow the deception of the PDP con them into returning the party to power, the opposition party has alongside some pliable human rights activists devised a plot to distract the APC and indeed the good people of Nigeria from addressing the very important issues on the APC’s manifesto in the electioneering process.”

    Issa-Onilu claimed that the APC has also noticed “the very dangerous attempt to designate the CJN’s arraignment along ethnic and religious lines, thereby trying to heat up the polity by evoking primordial sentiment which would do the country no good.”

    “This is an ungodly ploy when we consider that the CJN was an officer of the federation rather than that of any region,” he warned.

    “We therefore urge all Nigerians of good conscience to caution the PDP as the country is bigger than any political party or the interest it represents, and nothing should stop the country’s steady march into sustainable democratic governance.”

    “In our earlier statement on the CJN’s CCT trial, we had noted the PDP’s shocking and innate proclivity to defend cases of corruption anytime it arises.

    “The call by the PDP South South Governors for the CJN to boycott the CCT trial further cements our position. Let it be reiterated that nobody– no matter how highly placed — should be above the laws of the land.

    “We wish to put on record that the virulent attack that has come from the PDP in the wake of the trial of the CJN over alleged false asset declaration is particularly worrisome and suspicious when the PDP has in fact called for the removal of virtually all heads of government’s arms, particularly the Chairman of Independent National Electoral Commission and Inspector General of the Police over frivolous issues.

    “While the will not be drawn into debates on the legality and sponsored conspiracies of the CCT trial, we insist that our democratic and constitutional institutions must be allowed to operate without interference and undue pressure from partisan and sundry interests as being done by the PDP and its cronies.

    “The CCT trial is a legal matter, let the law run its course. The CJN must go through the instrumentalities of the courts, more importantly as an institution he represents. Indeed, this is the true test of our constitution, rule of law and will deepen democracy.

    “Where there are contestations on institutional procedures, we must allow same institutions perform their functions unhindered, autocorrect if necessary and set good precedence on future matters.

    “This is the only way we can build strong and lasting institutions,” Issa-Onilu concluded.

     

  • BREAKING: Tribunal adjourns till Jan 22 for hearing on CJN Onnoghen’s trial

    The first hearing in the false asset declaration suit filed against Chief Justice of the Federation (CJN), Justice Walter Onnoghen opened on Monday at the Code of Conduct Tribunal (CCT) in Abuja has been adjourned till January 22 (Next week Tuesday).

    The scheduled trial, which has sparked reactions across the the country with many accusing the President Muhammadu Buhari led administration of trying to oust the chief judge shortly before presidential election, to ensure he faces no risk of unfavourable court decision should the poll be disputed.

    At the hearing on Monday, dozens of senior lawyers stormed the court to defend the chief justice who was conspicuously absent.

    Wole Olanipekun (SAN) led a team of 46 other senior lawyers to enter defence for the chief justice.

    Onnoghen, Nigeria’s 17th Chief Justice, is the first serving Chief Justice to be arraigned for criminal offences. There is no immediate record of any former chief justice being charged in a similar manner, either.

    How the charges were filed has been amongst the most controversial aspects of the development since its disclosure on Saturday.

    The petition was forwarded to the Code of Conduct Bureau on January 9 by Dennis Aghanya, a former media aide to President Muhammadu Buhari and a member of the ruling All Progressives Congress in Enugu State.

    Lawyers, including the Nigerian Bar Association, have argued that Onnoghen’s trial would not stand because he has not been previously investigated and indicted by the National Judicial Council as required by an existing judgement.

    They rely on a decent decision of the Appeal Court in Lagos, which said the NJC must first sanction a serving Judge before they can be arraigned in any court.

    Although that Appeal Court judgment, which was delivered against the Economic and Financial Crimes Commission, was appealed by the anti-graft office to the Supreme Court, no verdict had been reached on the matter.

    Onnoghen, who was confirmed Chief Justice in March 2017, is from Cross River State.

    On Sunday, five governors of the South South region, where where the embattled CJN hails from, held an emergency meeting and urged the jurist to ignore the charges and not attend the trial.

    How the trial went in court

    Meanwhile, when Danladi Umar, the Code of Conduct Tribunal chairman, called the CJN’s case at about 10:08 on Monday, the CJN was declared absent.

    The led defence, Wole Olanipekin began by challenging the jurisdiction of the case.

    “You have to first determine whether you have the jurisdiction to try this matter,” Olanipekun said to the tribunal chairman.

    Olanipekun said the CJN has not been indicted by the National Judicial Council (NJC) as legally required of serving judges before his matter was picked up by the tribunal following a petition filed by a member of the ruling All Progressives Congress (APC).

    Olanipekun also said Onnoghen was not given enough time to prepare for his arraignment before being summoned by the tribunal.

    The prosecution lawyer, Aliyu Umar, however said he had just been served with the application and argues that the arraignment ought to have taken place before any application is brought.

    Responding, Olanikpekun, asked if the tribunal had ordered a specific date for the arraignment.

    Olanipekun said the prosecution cannot talk of the arraignment of the person who has not been properly served and who has even appeared in protest of the matter.

    Umar, the prosecution counsel, however said there is no law that states a defendant shall refuse to appear before a court and say that he is contesting a suit.

    “He should be here. He may refuse to be arraigned and say that he is contesting the case,” he said.

    To which Olanipekun responded, “My learned friend with due respect is talking of what he thinks. We are talking of the law”.

    Reading through a 2018 judgement, Olanikpekun insisted that the arraignment cannot start where there is a problem with the process.

    “He said the presence of the accused person is only mandated when the trial officially commences.”

    Aliu responded by saying that no application should be heard where a plea has not be taken.

    He has asked the tribunal to give an order that the CJN be served again, but on a personal note.

    Umar also asked that a date be selected this week to serve the CJN.

    However, Olanikpekun insisted that the date cannot be within this week because the matter involves direct service to the CJN.

    Following pleas by Olanikpekun, the tribunal adjourned the matter till next Tuesday.

     

  • Alleged false asset declaration: APC defends trial as CJN Onnoghen appears before CCT today

    …Blasts PDP for defending ‘corruption’

    The ruling All Progressives Congress (APC) has declared support for the planned arraignment on Monday of the Chief Justice of Nigeria, Walter Onnoghen and accused the Peoples Democratic Party (PDP) of being sympathetic to corruption for calling against the plan.

    Recall that the CJN is scheduled to be arraigned by the Code of Conduct Bureau at the Code of Conduct Tribunal on a six-count charge of alleged false asset declaration. The development followed a petition to the CCB by a group, the Anti-corruption and Research-based Data Initiative (ARDI).

    Speaking on the development in a statement by its spokesperson, Kola Ologbondiyan, on Saturday, the PDP said it is part of a plot by the APC-led federal government to destabilise the Judiciary so as to rig the 2019 general elections.

    “This is particularly following allegations that the APC seeks a new CJN that will aid its rigging schemes as well as execute the plot to use the court to detain and put opposition members and outspoken members of Civil Society Organisations out of circulation during the general elections,” the PDP said.

    The Nigerian Bar Association (NBA) and many lawyers in their personal capacities also condemned the decision to put the head of the Nigerian judiciary in the dock.

    The Coalition of United Political Parties (CUPP), in a statement by its spokesperson, Ikenga Ugochinyere, on Saturday described the planned arraignment of Mr Onnoghen as a plot by the government to force him out of office to help President Muhammadu Buhari manipulate the election tribunal.

    The six governors from the South-South region on Sunday night advised the embattled CJN to ignore the court summons.

    The APC spoke for the first time on the development through a statement on Sunday by its National Publicity Secretary, Lanre Issa-Onilu, saying the swift reaction by the PDP exposed the opposition party as one with a natural inclination to rise up in defence of cases of alleged corruption.

    It said it expected the PDP to call for impartial investigations when corruption cases are levelled against public officers, but “spinning falsehoods and conspiracies” remains the opposition party’s favourite past time.

    The ruling party dismissed as baseless the allegation that the move against Onnoghen is a plot to rig the election and urged Nigerians to disregarded such allegations, as APC is committed to ensuring a free and fair election.

    “The PDP’s baseless conspiracy theory on APC’s participation in the 2019 general elections should hereby be disregarded. We remain solidly committed to ensuring that the forthcoming elections go on record as one of the freest, most credible and peaceful elections in the country.”

    It emphasised that the fight against corruption remains a cardinal promise by the APC to the electorate.

    The party assured that the President Buhari administration remains uncompromising in its determination to rid the country of corruption and will not hesitate to investigate and prosecute any public officer if and when such is indicted for corruption.

  • Onnoghen: Opposition parties, Sagay, NBA, others react to pending trial at CCT

    Onnoghen: Opposition parties, Sagay, NBA, others react to pending trial at CCT

    Barring a late minute change, the Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, has a date in court in Abuja tomorrow for alleged failure to declare some of his assets, including about $3million.

    Onnoghen is scheduled to be arraigned before the Code of Conduct Tribunal (CCT).

    The Federal Government has already filed a six-count charge against him in that respect.

    However, reactions have trailed the planned trial of the CJN at the CCt on Monday. While others see it as justice taking its course, others say it is an attempt by President Buhari to remove the CJN from office.

    Read reactions below:

    CJN’s prosecution shows no one is above the law –Sagay

    But the Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), says the planned prosecution of the CJN shows that no one is above the law.

    Sagay told one of our correspondents that although the prosecution of the CJN was saddening, it had shown that Nigeria was slowly becoming a nation of laws.

    The senior advocate also responded to the arraignment of the President of the NBA, Mr. Paul Usoro (SAN), last year.

    The PACAC chairman said, “It shows that in Nigeria, nobody is above the law. I do not rejoice neither am I pleased that such high officials are being probed or investigated but it shows that in Nigeria, the law is working and that the rule of law operates and that no one is higher than the law.

    “That is the good aspect of it. Otherwise, I am not happy about it but if the reason arises why they should be investigated or invited and they are invited, it shows that the Nigerian legal system is working and that the rule of law operates but if it is you or I, you know that automatically, we will be indicted; but when the bigger guns in the country, who have all the power are also being indicted, it means it is a good sign for the rule of law in Nigeria.”

    When reminded of the fact that the CJN would be arraigned before Danladi Umar of the CCT, who has also been accused of corruption, Sagay said the Federal Government had no other option.

    He said, “I see a point. It is a sad reflection on the state of corruption in Nigeria but I think at the end of the day, everybody will come to justice and we will have a clean slate. This is the best we can do now.”

    Agbakoba condemns planned CJN’s arraignment

    Meanwhile, a former President of the Nigerian Bar Association, Mr Olisa Agbakoba (SAN), has condemned the planned arraignment of Onnoghen on charges of non-declaration of assets.

    Speaking on the development on Saturday, Agbakoba described the development as one of the most draconian breaches of the Nigerian Constitution ever witnessed in the country.

    He said, “If this is correct, then it will be one of the most draconian breaches of the Constitution Nigerian has ever seen.

    “In the event that the CJN is complicit in anything, there are only two procedures to deal with him.

    “One is to lay an impeachment charge against him in the Senate and if he is found guilty, the Senate will proceed to remove him upon a prayer by two-thirds of the members of the Senate. That is the constitutionally-prescribed procedure.”

    Opposition parties plan one million-man march

    In the same vein, opposition parties on the platform of the Coalition of United Political Parties are planning a one million-man march to protest the planned trial of Onnoghen before the CCT.

    The coalition’s first national spokesperson, Imo Ugochinyere, disclosed this in a statement on Saturday.

    “Nigerian opposition will immediately commence mobilisation for a one million-man march to save the Nigerian judiciary from President Buhari’s reign of destruction,” he said.

    He described Onnoghen’s planned arraignment as undemocratic and unconstitutional.

    He said the plan was the latest in the strategies being deployed by the present administration to rig the forthcoming elections.

    He added, “The Presidency had, during the appointment of Justice Onnoghen, shown its card that it was not comfortable with his appointment hence it was delayed until President Buhari was hurried out of the country due to perennial illness.

    “Justice Onnoghen has since shown that he is fair, firm, and able to do justice and will not succumb to the pressure of a Presidency that is planning to rig an election as the only hope of winning a reelection following their rejection by the Nigerian people.

    “This dastardly move by the Presidency is the last desperate act of an outgoing government to blackmail the CJN out of office and bring in a rogue judge to allow APC’s rigging.”

    Buhari behind plot to remove Onnoghen –PANDEF

    Reacting to the development, the President, Pan Niger Delta Forum, Chief Edwin Clark, said the South-South region would not accept the harassment and removal of Onnoghen.

    He stated that the planned prosecution of Onnoghen was a ploy by Buhari to remove the CJN and install his candidate as CJN, adding that the move would be resisted by the Niger Delta people.

    Clark said, “The news of the (planned) arraignment of the CJN came to us as a surprise. He has been doing his job satisfactorily; he is an intelligent man. But Mr. President, who never wanted him to be appointed, before the election, he now wants to remove him in order to put his own candidate as CJN so that after rigging the election, he would set up the tribunal that would try the case.

    “If he didn’t declare his assets, there is a procedure. Why didn’t they follow that procedure? This harassment will not be accepted by us.”

    A pro-democracy group, Coalition in Defence of Nigerian Democracy and Constitution, also said it would resist the planned removal of the CJN.

    CDNDC, in a statement by its Convener, Ariyo-Dare Atoye, said, “From the outset, the despotic Buhari regime had fruitlessly sought to control and undermine the judiciary to do its illegal bidding, but it failed.

    “The unfolding plot is part of Buhari’s plan to drive Nigeria into a closed society where only extremists can survive. We will mobilise Nigerians to resist another phase of assault on the judiciary.”

    NBA condemns FG over CJN’s arraignment before CCT

    The Nigerian Bar Association (NBA) on Saturday evening rose stoutly in the defence of the embattled Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, over his planned arraignment before the Code of Conduct Tribunal for alleged non disclosure of foreign accounts. NBA warned the Federal government to stop “debasing the rule of Law.

    Other Nigerian lawyers have also condemned the move by government, calling it “an en enthronement of fascism and dictatorship by the Buhari administration”. Many other lawyers further says it an attempt to destabilize the judiciary, 36 days to the general elections for President Muha,mmadu Buhari, and his party, the All Progressives Congress (APC) to rig the elections in their favour.

    Others yet read an ethnic colouration to the arraignment, saying that the next Justice to Justice Onnoghen, Justice, Justice Ibrahim Tanko Muhammed, is a northerner. The argued that President Buhari wants to install a northerner that will help him and his party in election disputes.

    In a statement issued by the NBA President, Paul Usoro SAN, the body of lawyers says “Nigeria is witnessing the media trial of the CJN, which is a targeted assault of the judiciary”

    Excerpts: “Nigerians have witnessed again the targeted assault of the judiciary by agents of the Federal Government of Nigeria (“FGN”) epitomized by today’s media trial of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”). According to media reports which have now been validated by the Statement of the Code of Conduct Tribunal (“CCT”) that was released today an application was “filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges” and that the CCT “will commence the trial on Monday, 14th January 2019”. The Nigerian Bar Association unequivocally condemns this assault, intimidation and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.

    In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him.

    As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary. Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.

    In Nganjiwa v FRN (supra), the Court of Appeal made reference to Rule 3 of the Revised Code of Conduct for Judicial Officers of February 2016 (“Code of Conduct for Judicial Officers”)and held that the said Rule 3 “makes provision in relation to fidelity to the Constitution and the Law”.

    The provisions in regard to assets declaration as they apply to all public officers including the CJN are contained in both the Constitution and the Code of Conduct Bureau and Tribunal Act 1991, the enabling law that establishes both the Code of Conduct Bureau (“CCB”) and the CCT.

    The fidelity which judicial officers therefore owe “to the Constitution and the Law” pursuant to Rule 3 of the Code of Conduct for Judicial Officers encompasses compliance with the provisions relating to assets declarations as contained in the Constitution and the Code of Conduct Bureau and Tribunal Act. Any infraction in that regard by a judicial officer, as the Court of Appeal rightly held, constitutes a misconduct by the judicial officer and becomes the subject matter for discipline by the NJC as a condition precedent to any possible prosecution of the judicial officer by any of the FGN’s prosecuting agencies.

    4. Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination? The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of its investigation and the drafting of the said Charge and ancillary processes!

    If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of Charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.

    We still wonder why the FGN choose to deviate from the laid down and explicit provisions of the law as expounded in Nganjiwa v FRN (supra). Could it be that it was misadvised? Or is this a naked show of power and force by agencies of the FGN? And why embark on the media trial of the CJN? This, unfortunately, is a predilection of the FGN’s prosecuting agencies with the possible exception of the Federal Ministry of Justice.

    As the NBA pointed out in its International Anti-Corruption Day Statement that was issued on 09 December 2018 “media trial of persons charged with corrupt practices . . . amount to corruption itself. Indeed, those orchestrated media trials degrade and corrupt the justice administration system quite apart from the incalculable (but obviously intended) damage that it does to persons who may ultimately be discharged and acquitted.

    In point of fact, it is corrupt practice to use as license or hide under the cover of the fight against corruption to recklessly destroy the names, characters and reputations of persons who have not been found guilty of corrupt practices by competent courts and who may ultimately be pronounced innocent of such charges.” These media trials must, alongside the on-going desecration and assault of the judiciary, cease forthwith.

    There are two final issues that we must touch upon in this Statement, albeit, briefly. First, could it possibly be a coincidence that the current assault on the judiciary is taking place only weeks to the 2019 National Election? Apart from the conduct itself being wrongful and deplorable, its timing is condemnable.

    FGN will find it difficult to convince any reasonable person that its assault against the CJN and by extension the judiciary is not aimed at emasculating that arm of the government and intimidating our Judges ahead of the 2019 National Elections. In our afore-referenced International Anti-Corruption Day Statement, the NBA had deplored “conducts that qualify as . . . political non-accountability, absence of transparency and impunity in public service.” The FGN’s conduct in this instance qualifies, amongst others, as “impunity in public service”.

    As a final point, it is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government, to wit, the legislature and the judiciary, starting with the prosecution of the Senate President, Dr. Bukola Saraki, before the CCT and now, the ill-fated prosecution of the CJN before the same CCT.

    The impression must not be created that the agencies of the Executive arm of the FGN are interested in destabilizing and laying prostrate the other arms of the Government and in the process eliminating and destroying any and all voices of dissent and checks and balances. That is not desirable for the democracy that we strive to build neither is it good for the image of the Government. We urge restraint on the part of Government and demand that the CCB follow due process in proceeding against the CJN by complying with Nganjiwa’s Judgment (supra) and other similar judicial precedents. This continuing attack on the justice sector must cease forthwith. FGN and its agencies must desist from debasing the rule of law”.

  • [Photo] Meet die hard Buhari supporter behind CJN’s petition, trial at CCT

    [Photo] Meet die hard Buhari supporter behind CJN’s petition, trial at CCT

    Dennis Aghanya, the Executive Secretary of the Anti-Corruption Research and Data-Based Initiative, is the author of the petition to the Code of Conduct Tribunal in which he alleged the Chief Justice of Nigeria, Justice Walter Onnoghen, failed to declare his assets.

    The petitioner is one of the founding members of the Buhari Organisation and he is the pioneer National Publicity Secretary of the defunct Congress for Progressive Change. Buhari contested the 2011 presidential election on the platform of the party.

    [Photo] Meet die hard Buhari supporter behind CJN's petition, trial at CCT

    Aghanya is and has been canvassing support for the President since he assumed office. He pleaded with the National Assembly to forgive Buhari when the lawmakers threatened to impeach him for spending $496m to buy Tucano jets for the military to fight Boko Haram in the North-East without following due process.

    Although Aghanya said Buhari’s action might have violated the laid down procedure, his intention was altruistic.

    Aghanya in 2017 lauded the efforts of the Kano State Governor, Abdullahi Ganduje, in the fight against corruption through curtailing drug abuse in the state. Aghanya’s group honoured the governor with an award of Best Governor in Curtailing Drug Abuse in the country.

    At the 2017 ARDI Media Merit Award of Excellence in Abuja, Aghanya said, “Governor Ganduje represents most of the values that the ARDI as an organisation is known for supporting the fight against corruption in Nigeria.

    “To be specific, he has taken the anti-corruption campaign to the grassroots by inaugurating the Kano State Public Complaints and Anti-Corruption Commission offices in all the 44 local governments of the state.”

    He added, “ The Ganduje administration remains committed to the fight against corruption in line with President Buhari’s campaign promises and his administration’s determination to end corruption.”

    Meahwhile, Aghanya has dismissed allegations that his petition against the CJN was instigated by President Muhammadu Buhari. He said he also took Buhari to court in 2011.

    He also said the CJN had already owned up to the allegations brought against him in the petition.

    Aghanya in an interview with The Punch on Saturday night said: “Did you not know that I once took Mr. President to court in 2011? I used to be one of his aides but I took him to court.

    “This is a petition by an NGO. What has Mr. President got to do with it? People are just trying to avoid a major issue. Our concern is to unveil irregularities. People should not try to politicise the good work we are doing.

    “The person the petition was written against owed up to everything. In issues of this nature, should we be sentimental or do we face facts?”

    Aghanya added that he would address a press conference on a yet-to-be-determined date over the development.

    Asked why the petition against Onnoghen was coming so close to the elections, Aghanya said there was no time lag in things of that nature.

    He noted that his organisation commenced investigation against the senior judicial officer about a year ago.

    He dismissed the allegations that the petition was politically motivated, adding that the ARDI should rather be commended for exposing the alleged misdemeanour of the CJN.

    Aghanya said it was not true that the petition was calculated to emasculate the judiciary or help President Muhammadu Buhari’s re-election in the forthcoming presidential poll, arguing that Nigerians should be more interested in the substance of the case.

    He said, “There is no time lag in things of that nature, but it appears people are leaving the substance of the case to pursue shadow. People have not looked at the merit of the case, so they are not bothered that something was going wrong and we had to point it out.

    “I weep for this country. How are we working for Mr President? Is it because we came up with a petition that was substantiated? Why should it be tied to the elections? It is immaterial. Even before he was sworn in as the CJN, there were cases established against him, but nobody had the courage to take them up.”

  • Buhari not behind Onnoghen’s trial at CCT – Presidency

    Buhari not behind Onnoghen’s trial at CCT – Presidency

    …says Buhari still in shock over CJN’s planned trial

    The Special Adviser to the President on Politics, Senator Babafemi Ojudu, said last night that President Muhammadu Buhari did not ask the Chief Justice of Nigeria, Justice Walter Onnoghen, to resign.

    Ojudu made the clarification in a comment posted on CACOL WhatsApp group.

    It was the first reaction by a government official to the controversy generated by the filing of charges against Justice Onnoghen.

    He said: “Buhari never at any time demanded CJ’s resignation. I challenge anyone who says so to cite the pronouncement, the press statement or quote any public official who made such announcement.”

    According to close sources, the Presidency was not in support of the planned trial of Justice Onnoghen for alleged failure to declare his assets.

    Buhari, according to well-placed Presidency sources, was shocked about the development.

    Sources said the planned trial may have been hatched by fifth columnists in the corridors of power to embarrass the Presidency and create misunderstanding between the judiciary and the federal government.

    Speaking on conditions of anonymity last night, official government sources explained that the only impact such an action would generate at this time is distasteful.

    “Let me tell you point blank Mr. President is not aware and was shocked at the development. It is not going to fly,” a top government official said.

    Another official said: “whatever may be the merits of the case being put against the CJN, it is not advisable at this time. So it is not about the rightness of the planned action.”

    Asked whether the trial would go ahead, the source said: “what is certain right now is that this came as a shock to the Presidency and does not enjoy approval of any kind. You can figure out the rest.”

    When contacted last night over the matter, the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, said that he had not been briefed on the matter.

    “I have not been briefed on it,” was all he said.