SERAP gives NJC 5 days to take over CJN Onnoghen’s case

Socio-Economic Rights and Accountability Project, (SERAP) has
sent an open petition to the Next-In-Rank to the Chairman of the
National Judicial Council (NJC) urging the NJC “to immediately take
over from the Code of Conduct Tribunal the case of Chief Justice of
Nigeria, Justice Walter Onnoghen with a view to setting up a
committee to investigate the allegations of breach of
constitutional asset declaration requirements against him.”

The organization also urged the NJC to: “ask Justice Onnoghen to
step aside from his role as Chief Justice pending the outcome of
your investigation into the allegations against him. Also, if
following your investigation, the allegations against Justice
Onnoghen is established, the NJC should refer the case to
appropriate anti-corruption bodies for prosecution. Similarly,
Justice Ibrahim Tanko Muhammed should recuse himself from the
process, as the Acting Chief Justice of Nigeria.”

The organization asked the NJC to: “consider the issue of
appointment of Justice Muhammed with a view to ensuring strict
compliance with constitutional provisions. The NJC should take the
recommended action within 5 days of the receipt and/or publication
of this letter, failing which SERAP will take appropriate legal
action to compel the NJC to take action on the case.”

In the petition dated 26 January 2019 and signed by SERAP senior
legal adviser Bamisope Adeyanju, the organisation said: “The urgent
intervention by the NJC would remove the allegations against
Justice Onnoghen from the vicissitudes of political controversy,
and a clear and present danger to the independence and authority of
the judiciary. It would also help to reverse the country’s
increasing movement toward anarchy or despotism.”

According to the organization, “It is in time like this that the
NJC must be most vigilant and alive to its constitutional duties,
if it is not to permit a diminution of our treasured constitutional
rights.”

The petition, copied to Mr. Diego García-Sayán, UN Special
Rapporteur on the independence of judges and lawyers, read in part:
“Neither knee-jerk reactions by politicians nor abuse of the legal
and judicial process by the government and some senior lawyers
would be acceptable to break the constitutional logjam. The NJC
ought to be concerned with the gravity of allegations against
Justice Onnoghen.”

“This matter has inevitably thrown our country into a
judicial-cum-constitutional crisis, which if not urgently addressed
would lead to political crisis that would seriously put at risk
Nigeria’s fledgling democracy, consequently exacerbating the
declining respect for human rights at all levels of
government.”

“The NJC should not and cannot stand-by while the authority and
independence of the judiciary is diminished to the point at which
the citizens lose confidence and trust in its ability to render
justice to those need.”

“SERAP is concerned that the politicization of our judiciary
poses the greatest threat to the independence of the judiciary, to
Nigeria’s fledgling democracy and would if not urgently addressed
lead to denial of access to justice to the most marginalized and
vulnerable section of the population.”

“The politicisation of the judiciary by politicians would
endanger Nigerians’ fundamental human rights and the country’s
international human rights obligations, and consequently, the
fundamental principles of our constitutional democracy.”

“It is the responsibility of the NJC to ensure the preservation
of our constitutional values and to prevent the politicisation of
the judiciary and politicians from running roughshod over sacred
judicial functions, and consequently, the rights of citizens.”

“Nigerians deserve a judiciary capable of serving as essential
bulwark of constitutional government, a constant guardian of the
rule of law, and owing fidelity to no person or party. Unless the
NJC acts as requested, the mandates, ability and authority of the
judiciary to act as a check on the political branches of government
and to protect citizens’ human rights would be drastically
curtailed.”

“The allegation that Justice Onnoghen failed to declare his
assets as required by the Nigerian Constitution of 1999 (as
amended) and the arbitrary response by the Federal Government have
thrown our judiciary into a crisis, with politicians seemingly
taking full advantage of the crisis, resulting in the
politicization of the judiciary.”

“Many politicians have failed to consider the matter through a
constitutional lens and have in fact made statements that may be
considered prejudicial to the cause of justice, the interests of
the judiciary and Nigeria.”

“As the Senate prepares to sit to discuss the matter, the
situation is likely to be even more politicised, especially at the
time of election when politicians jostle for position, power, and
relevance. Any intervention by the Senate is likely to be
politically motivated and would not satisfactorily break the
logjam.”

“Many Nigerians would see the suspension of Justice Onnoghen as
outright intimidation of the judiciary in the hope of making it
more deferential to certain politicians, as judges prepare to hear
flood of election petitions that are expected to follow the general
elections in February and March 2019.”

“Suspending the Chief Justice of Nigeria by an exparte order
obtained via an apparently flawed legal and judicial process is an
absurdity too gross to be allowed to stand. It suggests the
constitution is no longer the supreme law of the land.”

“Furthermore, SERAP is concerned that the allegations of
violation of asset declaration provisions by Justice Onnoghen have
created a palpable and rising distrust of the judiciary by the
citizens, a distrust that may be exacerbated by the politicization
of the judiciary by politicians across party lines.”

“The allegations against Justice Onnoghen unless properly and
constitutionally resolved would continue to undermine his ability
to faithfully discharge and perform his judicial duties as Chief
Justice. At a time of judicial-cum-constitutional crisis, the NJC
should not and cannot abdicate its constitutional responsibilities
to intervene in this matter.”

“Judges have the responsibility to uphold the rule of law as an
effective check on the political branches. But the judiciary cannot
continue to play its traditional role as the guardian of the
Constitution until the Justice Onnoghen’s matter is
constitutionally and satisfactorily addressed.”

“Following the allegations that Justice Onnoghen failed to
disclose huge sums of money in foreign and local currencies in his
asset declaration forms and documents submitted to the Code of
Conduct Bureau (CCB), a petition was sent to the CCB on January 7,
2019, the case which was later filed before the Code of Conduct
Tribunal.”

“A catalogue of legal errors and flagrant abuse of the judicial
and legal process by the government of President Muhammadu Buhari
and some lawyers culminated in the purported order on the
suspension of Justice Onnoghen as Chief Justice of Nigeria and the
supposed appointment of Justice Ibrahim Tanko Muhammed as the
Acting Chief Justice of Nigeria by President Buhari.”