Discontinue Onnoghen CJN’s Trial Forthwith, Follow Due Process, NBA Urges Federal Government

The President of the Nigerian Bar Association, (NBA), Paul
Usoro, SAN, has asked the Executive arm of the Federal Government
of Nigeria to discontinue the trial of the Chief Justice of
Nigeria, Honourable Justice Walter Onnoghen before the Code of
Conduct Tribunal.

The NBA gave this charge in a press statement released on the
21st day of January, 2019.

According to the NBA, the Federal Government should follow due
process and the rule of law in its bid to remove the CJN, as he
cannot be removed except he is acting in a support of two-third
majority of the Senate.

See Statement:

DISCONTINUE ONNOGHEN CJN’S CCT TRIAL FORTHWITH! FOLLOW
DUE PROCESS AND UPHOLD THE RULE OF LAW

1. Ahead of the scheduled resumption of proceedings at the Code
of Conduct Tribunal (“CCT”) tomorrow, 22 January 2019, the Nigerian
Bar Association again calls on the Executive Branch of the Federal
Government of Nigeria (“FGN”) to discontinue forthwith the
prosecution of the Chief Justice of Nigeria (“CJN”), Honorable Mr.
Justice Walter S N Onnoghen, GCON before the CCT. Having become
obvious that the immediate goal of the Executive is to remove the
CJN from office, we urge the Government to follow due process in
attaining that goal.

2. Due process is not followed when the Executive Branch of the
FGN files an Interlocutory Motion before the Code of Conduct
Tribunal for the removal of the CJN. Such an application
disparages, and assaults due process as enshrined in Section
292(1)(a)(i) of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) (“the Constitution”). The said Section
is very explicit on the due process for the CJN’s removal when it
stipulates as follows:

S.292(1)(a)(i) “A judicial officer shall not be removed from his
office or appointment before his age of retirement except in the
following circumstances . . . in the case of . . . Chief Justice of
Nigeria . . . by the President acting on an address supported by
two-thirds majority of the Senate.”

3. The Constitution leaves no room howsoever for the removal of
the CJN from office, whether on a temporary or permanent basis,
other than through the process afore-quoted. Being a country
governed by laws, the FGN owes us a duty to comply strictly with
these provisions of the Constitution for the removal of the CJN. We
therefore urge the Executive Branch of the Federal Government to
please retrace its steps and discontinue the entire proceedings
before the CCT forthwith and follow the constitutional procedure
afore-stipulated.

4. With respect to the trial of the CJN before the CCT on the
assets’ declaration Charge, the NBA stands by its Statement of 12
January 2019. Established judicial precedents, dictate that the
allegations must be referred to and handled by the National
Judicial Council (“NJC”) and it is only after the NJC’s
pronouncement thereon against the CJN can the FGN prosecuting
agencies proceed against him before any Tribunal or Court of Law.
For as long as the CJN remains a judicial officer, that process
avails him and is mandatory of compliance by the FGN.

5. Should the Federal Government however succeed in removing
Honorable Mr. Justice Walter S N Onnoghen, GCON as the CJN pursuant
to the provisions of Section 292(1)(a)(i) of the Constitution,
there would be no need or requirement for the FGN to fulfill the
NJC pre-condition ahead of his possible prosecution. With such a
constitutional removal from office, Onnoghen CJN would cease to be
a judicial officer and the allegations against him would not need
to be determined by the NJC ahead of any possible prosecution.

6. The choice is therefore that of FGN to make – either to
pursue the removal of the CJN pursuant to Section 292(1)(a)(i) of
the Constitution or report the alleged assets declaration
infraction to the NJC for its consideration as a pre-condition for
the possible prosecution of the CJN. Whichever route the FGN
chooses, the CCT proceedings must abate and be discontinued. It
constitutes an assault on due process and undermines the Rule of
Law. The sponsored media trial of the CJN must also cease. Amongst
others, it criminally destroys the justice sector, subverts due
process and completely erodes the Rule of Law. This desecration of
the justice sector must stop now, please.

Paul Usoro, SAN
President