Falana writes AGF, asks FG to withdraw case against Onnoghen

A Lagos lawyer and Human Rights Activist, Femi Falana (SAN), has
urged the Federal Government to withdraw the criminal charges filed
against the suspended Chief Justice of Nigeria, Walter
Onnoghen.

Falana said he made the request having confirmed that a petition
had been submitted to the National Judicial Council alleging grave
misconduct against Onnoghen.

In February 3 letter addressed to the Attorney General of
Federation and Minister of Justice, Abubakar Malami, Falana urged
him to advise President Muhammadu Buhari to reverse the suspension
because a public officer could not be removed from office on the
basis of an ex parte order granted by any Court or Tribunal in
Nigeria.

The letter read, “Since the charge of false declaration of
assets was filed against the Chief Justice of Nigeria, Justice
Walter Onnoghen at the Code of Conduct Tribunal, by the Code of
Conduct Bureau, I have repeatedly requested you to use your good
offices to discontinue the case. My request was anchored on the
case of Elelu-Habeeb v Attorney-General of the Federation & Ors
(2012) 40 WRN 1 where the Supreme Court held that by virtue of
Section 292 of the Constitution of Nigeria the head of any of the
judicial arms of State and Federal Governments cannot be removed
from office without a prior investigation conducted by the National
Judicial Council.

“Having confirmed that you have since submitted a petition to
the National Judicial Council alleging grave misconduct against the
Chief Justice, I am compelled to request you, once again, to file a
nolle prosequi to discontinue the charge pending against his
Lordship at the Code of Conduct Tribunal without any further
delay.

“The charge should not be allowed to hang like a Sword of
Damocles on the head of the Chief Justice while he is being
investigated by the National Judicial Council. In view of your
implicit confidence in the ability of members of the National
Judicial Council to resolve the matter you ought to accede to the
request to terminate the proceedings at the Code of Conduct
Tribunal forthwith.”

Falana posited that the withdrawal of the case from the Code of
Conduct Tribunal would lead to the immediate vacation of the ex
parte order relied upon by the President to justify the illegal
suspension of Onnoghen and the appointment of Justice Tanko
Mohammad as Acting Chief Justice of Nigeria.

“Even though by virtue of Paragraph 10 (2) (a) of Part 1 of the
Fifth Schedule to the 1999 Constitution (as amended) the Code of
Conduct Tribunal is empowered to order any public officer to vacate
office the power cannot be exercised until such a public officer
has been tried and convicted for breaching the provisions of the
code of conduct for pubic officers.

“But as a public officer cannot be removed from office on the
basis of an ex parte order granted by any Court or Tribunal in
Nigeria we urge you to advise President Buhari to reverse the
suspension of the Chief Justice.

“Once the suspension is reversed Justice Walter Onnoghen will
then be prevailed upon to resign as the Chief Justice having lost
the moral authority to preside over the affairs on the juridical
organ of the Government of the Federation.

“However, if his Lordship does not call it quits or if the
National Judicial Council does not recommend his removal from
office you may wish to exercise your powers under section 174 of
the Constitution to prosecute him for failure to declare his assets
which is a punishable offence under the Code of Conduct Bureau and
Tribunal Act.