Access to Justice in a press statement has taken a swipe at the
Code of Conduct Tribunal over its order that resulted in the
suspension of Onnoghen CJN in spite of the pending and subsisting
court orders restraining it from further sitting on the matter. It
described the act of the federal government as an agenda to remove
the CJN and a corrupt manipulation of the judicial system.
Access to justice expresses its deep concern that independence
of the CCT has been compromised and confidence in the tribunal has
been eroded predicting that higher court will likely use this as a
ground to disqualify the Tribunal from further continuing with the
trial of the Chief Justice.
Access to Justice further expressed its disappointment with Hon
Justice Tanko Muhammad for accepting to be sworn in as the Acting
CJN. It therefore calls on the government to lift the suspension of
Onnoghen CJN, stop politicising judicial process and also urged
Hon. Justice Tank Muhammad to resign.
The full statement reads:
Access to Justice Public Statement
“On Friday, the 25th of January, President M Buhari
purportedly “suspended” Hon. Justice Walter Onnoghen, Chief Justice
of Nigeria from office. President Buhari has claimed that he acted
on an ex-parte Order of the Code of Conduct Tribunal made on
Wednesday, the 23rd of January 2019. It is inconceivable
that the Code of Conduct Tribunal could have made such an Order
given that, during the proceedings of the Tribunal the previous
day, an application by the government seeking that Order was not
taken, and there were various injunctive orders – including that of
the Court of Appeal – requiring the Tribunal to stay action on the
case. The government is also aware of these Orders. And we may
remark that, on its merits, given the clear provisions of the
Nigerian Constitution, the application was itself an obnoxious
proposition, that hardly had arguable substance.
“It is also clearly preposterous that the Order could have come
from the Code of Conduct Tribunal given that the same Tribunal had
adjourned to the 28th of January to hear arguments on
its jurisdiction to proceed with the case in the first instance.
Access to Justice is extremely worried by the escalating
desperation the government is showing in its relentless pursuit of
an agenda to remove the Chief Justice of Nigeria and what appears
to be a very corrupt manipulation of a judicial process to achieve
its parochial goals.
“All the anecdotal evidence points unmistakably to signs that
the judicial process is being interfered with, and that the
independence of the Code of Conduct Tribunal has been severely
compromised at this time. While we also note that a number of
ex-parte Orders have been obtained by different parties in favour
of the Chief Justice with extra-ordinary speed and felicity, given
the well-known slow-grinding pace with which processes are
administered in Nigeria’s judiciary, Access to Justice decries the
Tribunal’s conniving and underhanded ex-parte order for the
“suspension” of Chief Justice Onnoghen.
“By processing a far-reaching and arguably unconstitutional
Order through the back-door, in order to exclude the hearing of
parties who would be affected by its decision, the Tribunal commits
an irredeemable fraud against the very essence of justice it is
established to maintain, and destroys public faith in the ability
of institutions of justice in Nigeria to actually offer fair
hearing and due process to persons who come before it. By
undertaking a process that is so unthinkably and implausibly flawed
and unfair, and conjuring up what may figuratively pass as a “black
market” judicial Order, the Danladi Umar Code of Conduct Tribunal
subjects the justice process to huge public ridicule, and abuses
and corrupts the powers granted the Tribunal for executing justice.
This is not the only instance where the Danladi Umar Tribunal has
put its integrity to question, but this particular episode comes
with overwhelming shock and disbelief. It appears that no barrel is
too deep to be plumbed by the Tribunal in its blind haste to
achieve a sinister goal. Both the Order made by the Code of Conduct
Tribunal and the procedure adopted for its making are revolting,
reckless and groundless at the very least, to be considered the
process or outcome of a judicial proceeding.
“One of the effects of this short-sighted fraud is that no one
will have any confidence in the capacity of the Tribunal to carry
out its work as an impartial, unbiased institution in proceedings
against the Chief Justice, and a higher court will likely use this
as a ground to disqualify the Tribunal from further continuing with
the trial of the Chief Justice. In all likelihood, the government
has shot itself in the foot.
“It is deeply unfortunate that Hon. Justice Tanko Muhammad would
accept to be sworn in as acting Chief Justice of Nigeria through a
process that is, on its face, so inherently flawed, manipulated and
disingenuous. Not long ago, the National Judicial Council (NJC) of
which he is a member, had cause to recommend the retirement of a
Judge of Abia State who had offered himself to be sworn in as an
Acting Chief Judge in the State after the Abia State government
unconstitutionally removed the incumbent Chief Judge. The NJC
concluded that the Judge was guilty of a gross misconduct.
“Access to Justice
therefore;
- Calls on the Federal Government to immediately rescind its
so-called “suspension” of the Chief Justice of Nigeria; - Calls on the government to stop politicizing and undermining
the judicial process as well as the trial of Chief Justice
Onnoghen; - Calls on Hon. Justice Tanko Muhammad to immediately resign from
the so-called appointment as Acting Chief Justice of Nigeria, given
the patently illegal way this was procured; - Calls for a full and thorough investigation into how the
back-door Order suspending the Chief Justice of Nigeria was
procured at the Code of Conduct Tribunal and that the Tribunal
Chairman and member be made accountable for such egregious abuse of
judicial procedure and powers; - Reiterates its earlier call for the removal of Danladi Umar
from office as the Chairman of the Code of Conduct Tribunal in
order to restore some form of credibility to the Tribunal. - Notes that the politically-motivated efforts to remove Chief
Justice Onnoghen from office using deeply-flawed judicial
processes, within the context of impending elections might have
portentous political ramifications and can lead to a huge
constitutional and political crisis. It is important for our
Country and its nascent democracy to stave-off this looming crisis,
and prevent foreseeable chaos and turmoil. The government needs to
de-escalate the tensions that are building as a result of its
pursuit of Chief Justice Onnoghen. Since the government is
convinced CJN Onnoghen has committed criminal offence(s), and has
confronted him with it using the ordinary process, it must allow
the rule of law to run its course. The government must make every
effort now, to dissipate what might be the gathering clouds of a
looming anarchy.”
Joseph Otteh,
Convener, Access to Justice