Constitutional lawyer and former President of Nigerian Bar
Association, Chief Olisa Agbakoba, SAN, has dragged the Attorney
General of the Federation and Minister of Justice, Mr. Abubakar
Malami, SAN, to court over moves to arraign the Chief Justice of
Nigeria, CJN, Justice Walter Onnoghen, over his alleged
non-declaration of assets.
In the suit he lodged before the Federal High Court in Abuja,
Agbakoba, through his lawyer, Chief Mike Ozekhome, SAN, maintained
that the six-count charge pending against the CJN at the Code of
Conduct Tribunal, CCT, in Abuja, is illegal, unlawful, wrongful,
unconstitutional, null and void.
He is praying the court to determine, “Whether having regard to
the decision of the Court of Appeal in NgajiwaV FRN (2017)
LPELR-43391 (CA) , the combined provisions of sections 6,
153,158,287(2), and 292(1) and Paragraph 21(b) of the 3rd Schedule
to the 1999 Constitution, as altered and extant provisions of the
Code of Conduct for Judicial Officers, the present charge in Charge
No:CCT/ABJ/01/19 against the Chief Justice of Nigeria, Honourable
Justice Walter Samuel Nkanu Onnoghen, does not amounr to flagrant
and violent disregard of the provisions of the Constitution, due
process of law, and, therefore, unconstitutional, null, void and of
no effect whatsoever.
“Whether the 1st and 2nd defendants can competently file and
maintain charges against Honourable Justice Walter Samuel Nkanu
Onnoghen, the Chief Justice of Nigeria, before the 3rd defendant,
the Code of Conduct Tribunal, or indeed any court or tribunal
without prior recourse to the 4th defendant, the National Judicial
Council, in accordance with constitutional provisions.
“Whether the 1st and 2nd defendants can maintain charges against
Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice
of Nigeria, in Charge No:CCT/ABJ/01/19 before the 3rd Defendant,
the Code of Conduct Tribunal, or indeed any Court or Tribunal
without affording him adequate time and facilities for preparation
of his defence.”
Upon determination of the legal questions, Agbakoba, prayed the
court to among other things, declare that “the purported steps
taken by the 1st and 2nd Defendants to arraign Honourable Justice
Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before
the 3rd Defendant, the Code of Conduct Tribunal, on the basis of
Charge No:CCT/ABJ/01/19 filed therein, without prior recourse to
the 4th Defendant, the National Judicial Council, is illegal,
unlawful, wrongful, unconstitutional, null and void.
“A declaration that the purported or proposed arraignment, of
the Chief Justice of Nigeria, Honourable Justice Walter Samuel
Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd
Defendant, on Monday 14th January, 2019, or on any other date
whatsoever, on the basis Charge No:CCT/ABJ/01/19 filed therein,
without first having prior recourse to the 4th Defendant, the
National Judicial Council, is illegal, unlawful, wrongful,
unconstitutional, null and void
“A declaration that the purported or proposed arraignment, of
the Chief Justice of Nigeria, Honourable Justice Walter Samuel
Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd
Defendant, on Monday 14th January, 2019, or on any other date
whatsoever, without first being afforded sufficient time and
facilities for preparation of his defence, is unconstitutional,
null and void, being a gross violation of the provisions of Section
36 (6) (b) of the Constitution of the Federal Republic of Nigeria,
1999 (as amended).
“A declaration that Charge No:CCT/ABJ/01/19, filed against the
Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu
Onnoghen, by the 1stand 2nd Defendants, before the Code of Conduct
Tribunal, the 3rd Defendant, without first having prior recourse to
the 4th Defendant, the National Judicial Council, is illegal,
unlawful, wrongful, unconstitutional, null and void.
“An order of this Honourable Court, quashing and/or setting
aside, in their entirety, all the charges preferred by the 1st and
2nd Defendants, against Honourable Justice Walter Samuel Nkanu
Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant,
the Code of Conduct Tribunal, in Charge No:CCT/ABJ/01/19 and
nullifying all steps taken by the 2nd and 3rd Defendants, leading
to the said illegal and unconstitutional arraignment or proposed
arraignment of Honourable Justice Walter Samuel Nkanu Onnoghen, CJN
before the 3rd Defendant.
Likewise, “An order of injunction by this Honourable Court,
restraining the 1st and 2nd Defendants, whether by themselves,
servants,privies or officers working under them, from maintaining
the charges or taking any further steps towards maintenance and
prosecution of any charges, against the Chief Justice of Nigeria,
Honourable Justice Walter Samuel Nkanu Onnoghen, before the 3rd
Defendant or any other Court or Tribunal, without first having
recourse to the 4th Defendant”.
Aside from the AGF, other defendants in the suit are the Code of
Conduct Bureau, the CCT and the National Judicial Council.