Onnoghen’s Suspension: Both Executive And Judiciary Have Failed Nigerians — Falana SAN

* Calls For Justice Onnoghen’s Resignation

Femi Falana, a Senior Advocate of Nigeria and Human Rights
Activist, has said that both the Executive and the Judiciary arms
of government have failed Nigerians with regards to the case of
Justice Walter Onnoghen.

Falana who was a guest on Channels Television’s Politics Today
said this is a most trying period for the Judiciary of Nigeria.

The SAN said it was wrong for President Muhammadu Buhari to have
suspended Justice Onnoghen based on an ex parte order of the code
of conduct tribunal.

He said by so doing the President did not follow due process,
stressing that the government must learn to respect due
process.

“You can’t fight corruption without following due process,”
Falana said.

He argued that “The power to suspend a sitting Judge in Nigeria,
including the Chief Justice, has to be on the recommendation of the
NJC.”

He also noted that the procedure for dealing with a criminal
case is as important as the trial itself.

Adding that “A government can never be in a hurry or allowed to
engage in jungle justice for self-help”.

Falana also argued that the Court of Appeal cannot make an order
restraining the CCT from performing what belongs to it
exclusively.

He said that the manner in which the executive has gone about
Onnoghen’s case is wrong, but also argued that the defence put up
by the advocates of the Chief Justice do not meet the standard
requirements of the law.

He said, “The government should as a matter of urgency, lift the
suspension on the Chief Justice since the Chief Justice as so much
to on his own admitted that he did not declare his assets, he
should do the needful by calling it quits”.

Falana said after the suspension has been lifted, the Chief
Justice should quit the bench because he has already admitted that
he failed in his duty to declare his asset as required by the
constitution.

The Senior Advocate further argued that the Executive and the
Judiciary arms of government have failed Nigerians with regards to
the case of Justice Walter Onnoghen.

He said it was wrong for President Muhammadu Buhari to have
suspended Justice Onnoghen based on an ex parte order of the code
of conduct tribunal.

He said by so doing the President did not follow due process,
stressing that the government must learn to obey the rule of
law.

“You can’t fight corruption without following due process,”
Falana said.