Onnoghen: Cross River NBA down tools

The Nigerian Bar Association (NBA) in Cross River State on
Monday withdrew all services in protest against what they described
as the unconstitutional attempt by the executive arm of the Federal
Government to intimidate, coerce, and desecrate the judiciary
through the proposed arraignment of the Chief Justice of Nigeria
(CJN), Justice Walter Onnoghen.

Reading a communiqué issued and signed by the three Branches
that make up the NBA in the state, at the end of a joint Emergency
General Meeting held at the State Judiciary Headquarters, High
Court Complex in Calabar, the Chairman of the Calabar Branch, Dr.
Emmanuel Idaka, said they will resist any attempt by the Federal
government to arraign the CJN.

According to the six point Communiqué, the Cross River State
branch of NBA was wholly in support of and adopted the position of
Association on the issue as contained in the statement issued and
signed by the President, Paul Usoro.

“We condemn in its entirety the unlawful manner in which the
Federal Government and its agencies have assaulted, ridiculed and
degraded the revered office of the Chief Justice Nigeria and indeed
the entire Judiciary in the country by orchestrated media trial of
the CJN.

“Whilst not condoning corruption in all its ramifications, we
insist that, the rule of law must be followed by the Federal
Government of Nigeria in its avowed fight against corruption,
especially as it has to do with the proposed arraignment of the CJN
or any other Judicial officer in the Federal Republic of Nigeria as
laid down in its locus classsicus of Nganjiwa vs
FRN(2017)LPELR-43391(CA), where the Court of Appeal made it
absolutely clear that any misconduct attached to the office and
function of a judicial officer must first be reported to and
handled by the National Judicial Council (NJC) pursuant to the
relevant provisions of the law.

“We are aware that all these attempts are intended to
precipitate the unlawful removal from office of the CJN which
position they originally did not want him to occupy. It is
pertinent to draw the attention of the initiators of this bizarre
transaction to the fact that, the removal of the CJN is regulated
by the mandatory provisions of section 292(1) (a) of the
constitution of the Federal Republic of Nigeria, 1999(As amended)
which can only be effected by the President of the FRN acting on an
address supported by two thirds majority of the Senate.

“Democracy strives under the rule of law . The present
administration of President Muhammadu Buhari, having come under a
constitutional democracy and not being a military dictatorship,
must in all its dealings with the citizens of Nigeria and other
Arms of the Government, abide by the Rule of Law,” they stated.

CJN Onnoghen Absent at CCT as Tribunal Adjourns
Proceedings to January 22, 2019

The Code of Conduct Tribunal (CCT) has adjourned to Tuesday
January 22, the proceedings in the non-declaration of assets charge
against the Chief Justice of Nigeria (CJN), Walter Samuel
Onnoghen.

The adjournment came following the agreement of all parties that
the charge and summons was not properly served on the CJN who did
not appear at the tribunal

The Federal Government has employed the services of a former
Commissioner of Justice in Kano State, Aliyu Umar, to head the team
of prosecutors, while a leading Senior Advocate of Nigeria (SAN),
Wole Olanipekun is the Lead counsel to the defendant.

Umar was also the prosecutor during the trial of Senate
President Bukola Saraki and his deputy, Ike Ekweremadu before an
FCT High Court

The tribunal chairman had at exactly 10am when the charge marked
CCT/ABJ/01/19, was called up, demanded to know why the CJN was not
in court and if he was served with the charge.

Responding, Umar, the prosecutor told the court that the CJN was
served through one of his personal assistants.

“When we went to his house, he directed his personal assistant
to collect the charge on his behalf. His personal assistant
endorsed it, so he has been served”, Umar who led five other
government lawyers, told the tribunal.

However, Chief Wole Olanipekun, who many Senior Advocates of
Nigeria and other lawyers, told the tribunal that the CJN had filed
a motion dated January 14, challenging jurisdiction of the tribunal
to try him.

He said: “My lord we are not just challenging jurisdiction, we
are even challenging the jurisdiction of this tribunal to even
sniff that charge”, Olanipekun submitted.

Olanipekun further challenged the competence of service of the
charge, insisting that under sections 123 and 124 of the
Administration of Criminal Justice Act, ACJA, 2015, criminal charge
ought to be personally served on a defendant.

Meanwhile, after a clerk of the Tribunal, following a query from
the Chairman, confirmed that the charge was received on behalf of
the CJN, by one Sunday O. Osai who was identified as his personal
assistant, the prosecution counsel, applied for FG to be allowed to
effect another service of the charge on Justice Onnoghen.

The prosecution however pleaded the court to direct that the
charge should not be handed to another person aside the CJN.
Justice

Following argument over legal technicalities for about an hour,
the Chairman of the tribunal, Justice Danladi Umar directed that
the six-count charge against the CJN should be served on CJN
personally before adjourned date, next Tuesday January 22,
2019.

He also directed that all the interlocutory applications would
be heard on the next adjourned date.

Over Senior Advocates of Nigeria (SAN) sighted at the CCT as
part of the defence team of the Chief Justice of Nigeria included:
Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi, Chris Uche, Yusuf
Ali, Garba Tetengi, Effiong Offiong, Kehinde Ogunwumiji, Paul
Erokoro, Tawo Tawo, Victoria Awomolo, Sebastine Hon and
Chukwuma-machukwu Ume among others.

By PRNigeria