A lawyer and multilateral diplomat, Dr Babafemi Badejo,
Wednesday backed the order by the Code of Conduct Tribunal (CCT)
that Chief Justice Walter Onnoghen should be arrested.
He said the 1999 Constitution does not give the suspended Chief
Justice of Nigeria (CJN) immunity from arrest and prosecution.
Badejo, a consultant to the African Union (AU) and a former
University of Lagos (UNILAG) don, said the CCT was not bound to
wait on the National Judicial Council (NJC).
He said: “In spite of the crafty arguments of some SANs, the
Nigerian Constitution is very clear.
“Only the President, Vice-President, Governors and Deputy
Governors have immunity while in office except they are first
impeached and removed from office.
“In effect, all other Nigerians, including the suspended Chief
Justice of Nigeria are subject to law. That is the rule of law.
“So, it is a surprise and a shock that legal leaders who should
give leadership are bent on using all subterfuge to further weaken
the rule of law in Nigeria.
“Hon. Justice Walter Onnoghen is not above the law. He knew very
well that the normal procedure was for an arrest warrant to be
issued against him when he refused to show up at the CCT.
“The argument that a process was on at the NJC is irrelevant to
the process that began at the CCT that was appealed against but the
Court of appeal decided that the process should continue.
“A challenge to the jurisdiction of the CCT can never have the
status of setting aside the need for the suspended Chief Justice to
show up at the CCT and have the proper motions argue for the CCT
Judge to decide whether he has jurisdiction or not.
“To stay away as the suspended Chief Justice did is an unruly
challenge to our laws as they stand today.
“It is unnecessary to repeat that Justice Walter Onnoghen wants
to drag the Judiciary totally in the mud in which he has enmeshed
himself. That should not be allowed.
“He should be brought before the CCT as he would have rightly
ruled. The process at the NJC should continue at its own pace.”
Badejo, a former high ranking United Nations (UN) official, said
if Chief Justice Onnoghen does not believe the CCT should continue
with the case, he and his lawyers should canvass it before the
CCT.
“He cannot take the law into his own hands. We have no Queen or
King in Nigeria. The CJN is subject to law.
“Finally, we should all salute the Ebun Sofunde led 20 SANs who
have stepped forward to say what is truthful and promise to push
for needed reforms of our judicial system.
“Their names will be written in gold when dispassionate efforts
are undertaken on the Onnoghen saga.
“We cannot hope for a sustainable country if our Judiciary
remains as corrupt as we all know it is but continue to play the
ostrich,” Badejo said.