Walter Onnoghen and Tanko
Muhammad
Walter Onnoghen and Tanko
Muhammad
Onnoghen: Again, NBA Asks Buhari to Drop
Charges
Ahead of the adjourned proceedings in the trial of the suspended
Chief Justice of Nigeria (CJN), Justice Walter Samuel Onnoghen on
false asset declaration charges at the Code of Conduct Tribunal
(CCT), the Nigerian Bar Association (NBA) has again urged the
Executive arm of the Federal Government to discontinue the
charge.
The NBA said that, as widely reported, one of the two petitions
against the CJN that is currently before the National Judicial
Council (NJC) is an exact replica of the petition that motivated
the CCT Charge.
It further said that the petition was reportedly presented by
the Economic and Financial Crimes Commission (EFCC), and commended
the government for adhering to due process by submitting the EFCC
petition to the NJC for consideration.
“In like manner and in adherence to the law and due process, we
urge the FGN to discontinue the CCT Charge and allow the NJC
consider the initial petition which, as widely reported, has
already been responded to by the CJN.
“Second, the Chairman of the CCT, Hon. Danladi Umar, in his
response to a petition that was written against him and which was
forwarded to him by the Federal Judicial Service Commission, states
emphatically that he and his Tribunal are answerable and report
only to the Presidency, by law and practice.
“He is absolutely correct. An insistence, in the circumstance,
on the CJN, the head of an independent arm of the FGN, standing
trial before a Tribunal that is under the Presidency and is
answerable only to the Presidency, mocks the concept of and
completely erodes the independence of the judiciary and the
constitutional separation that should exist between the three arms
of the FGN.
“It is precisely for this reason that our Constitution created
the NJC and we are pleased that the FGN has warmed up to the
utilization of that due process, as illustrated by the submission
of the EFCC petition to the Council.
“Third, and complementary to the two points afore-stated is the
fact that the spectacle of having our CJN, while still holding that
title, in the dock before the CCT or any other Court, truly
diminishes all of us, not least the Executive arm of the FGN.
“The NJC process allows an initial determination to be made on
the petitions against the CJN and if His Lordship is found liable
or wanting howsoever, appropriate sanctions would be imposed by the
NJC including recommendation for his dismissal or retirement.
“In that event, he would no longer hold the office or title of
CJN and could be prosecuted for any criminal infraction before the
CCT or any other Court.
“An insistence on the CCT prosecution paints a picture of
persecution of the CJN by the Executive and such a spectacle in no
way ennobles the FGN Executive arm and/or its officials. Such a
scenario should be avoided by all means.
“Given these non-exhaustive considerations and facts, we press
on the Executive arm of the government to please discontinue the
Charge against the CJN when the matter comes up before the CCT
tomorrow, Wednesday, 13 February 2019.
“We respectfully urge full compliance with due process by
government in this matter by allowing the NJC process to take its
course in respect of the two petitions against the CJN – a step
that has already, commendably, been embraced by FGN in respect of
the EFCC petition.
By PRNigeria