Muslim Lawyers Appalled Over NJC’s Directive To Acting CJ To Respond To Agbakoba’s Petition

The Muslim Lawyers’ Association of Nigeria has lend its voice to
the ongoing controversy surrounding the trial of Onnoghen CJN.

In a press release, the Association observed that the attitude
of lawyers representing the CJN has thrown the public into
speculations, uncertainties and confusion about our justice
system.

They further expressed concern over the call by the NBA that
lawyers should boycott courts. They describe the petition filed by
Dr Olisa Agbakoba, SAN against the Acting CJN as “spurious”. That
the suspension of justice Onnoghen was proper in view of section
231(4) of the constitution. They finally urge all the parties in
the case to handle the matter with utmost caution and sincerity so
that the integrity of the judiciary will not be prejudiced

The statement reads:

MUSLIM LAWYERS’ ASSOCIATION OF NIGERIA (MULAN)PRESS
RELEASE

We have observed with great concern the unholy development
as regards the friction between the executive and the judicial arms
of the government which was precipitated by the attempted
arraignment of the suspended Honourable CJN Walter Onnoghen on the
14th of January 2019 before the Code of Conduct Tribunal sitting at
Abuja and we have found it expedient to make the following
statements;

1. It is our observation that upon the institution of
charges by the Federal Government of Nigeria against the suspended
CJN at the Code of Conduct Tribunal, the legal profession and the
general public have been thrown into turmoil and confusion. There
were uncertainties, speculations and confusion about the justice
system and its dispensation in the country.

2. The situation became aggravated by the attitude of the
lawyers involved in the matter especially those counsel who
indulged themselves in the reprehensive act of forum shopping
wherein they started obtaining various court orders from different
courts of coordinate jurisdiction such as High Court of the Federal
Capital Territory, Federal High Court and even National Industrial
Cour. The speed at which those orders were obtained made them
suspicious.

3. This strange attitude of supporters of His Lordship, the
suspended CJN, gives credence to some speculations that his
Lordship may not want to be tried by the same system he
superintends over. Forum shopping is a grave abuse of the judicial
process which happily we know His Lordship, the CJN would not
ordinarily support. Hence, we believe that he would do the needful
to put this at rest.

4. On the allegations against His Lordship, it has been
argued and correctly in our opinion that all those charges remain
mere allegations until they are established beyond reasonable doubt
before a competent adjudicator, however we must state that such an
adjudication would only hold if the person alleged to have
committed the wrong is willing to make himself available for trial.
It is our view that all parties involved in this case should come
out clean and be fair in their handling and resolution of the
issues thrown up.

5. So far between the camp of the suspended CJN and the
public there is a concern that the substance of the allegations
against his Lordship is being sacrificed at the altar of legal
technicalities and unnecessary sentiments displayed by
sympathizers. This should not be so. The common concern of all
discernible persons at this stage ought to be the attainment of
what is best for our country. Naturally, this will entail doing
that which nobility and the cause of justice demand of us.

6. The current display of legal gymnastics by the lawyers
either for or against the trending questions relating to the CJN,
has confounded numerous members of the public and they are now
worried that the substance of the alleged misdeeds levelled against
the suspended CJN are being swept under the carpet. The question
being asked is whether the same treatment would have been meted out
to another public officer of a lower status and less privilege
facing the same accusations like that of the suspended
CJN?

7. As part of its reaction to the unfortunate situation that
is bedevilling the judiciary at present, the umbrella body of
lawyers, the Nigerian Bar Association to which we all belong in its
recent resolution called on lawyers to boycott the court for 2
days. This resolution however, does not seem to enjoy the
blessing.

8. However, we are not unmindful of the reason why the NBA
called for the boycott but the point being made is that even where
the suspension of the CJN was based on a void Court order we do not
think that the solution lies in the boycott of courts. We believe
that the best approach to a void Court order is to get it
set aside by the same court which gave the order or a superior
court.

9. From the look of things, it seems that the leaders of the
Bar have chosen to look at the issue from the legal point of view
only. However, every reasonable member of the Association is
worried about the moral aspect of the whole scenario, after all, we
pride ourselves as men of the Noble profession. We
therefore call on NBA to ensure that the bar is intact and should
not be allowed to divide over this transient issue. Our unity is
our strength. Mulan solicits for continuous and undivided loyalty
among all NBA members across the country.

10. On the recent emergency meeting of the National Judicial
Council held on Tuesday the 29th January, 2019, we are appalled
that the supervisory body has directed the Acting CJN to give his
answers to a spurious petition said to have been written by Mr.
Olisa Agbakoba SAN and a Centre for Justice and Peace
Initiative.

11. Our source of worry is not that the NJC has no power to
take such a step where there is a genuine reason for same, however,
we feel that NJC being a composition of seasoned jurists and
lawyers ought to have realized that such reference to the Acting
CJN is utterly unnecessary and uncalled for in view of the
constitutional provision contained in Section 231 (4) of the
Constitution of the Federal Republic of Nigeria 1999 which granted
the President the requisite power. We also note that the President
has acted well in view of the circumstances that led to the
swearing in of the Ag CJN moreso that a court order which
has not been set aside, binds all persons affected by it even if
the person believes it is void.

12. Finally, on our part we want to call on all parties
involved to handle the matter with utmost caution and sincerity
while upholding the rule of law and the integrity of the judiciary
and at the same time ensure that justice is done notwithstanding
who is involved.

LONG LIVE MULAN
LONG LIVE THE NBA,
LONG LIVE THE JUDICIARY
LONG LIVE FEDERAL REPUBLIC OF NIGERIA.

Prof. F.A.R. Adeleke Ismaila Alaasa
President Muslim Lawyers Association of Nigeria Secretary
General of the Association