Foremost lawyer and Legal Luminary, Mike Ozekhome as listed 9
reasons why the bench warrant issued against suspended Chief
Justice of Nigeria, Walter Onnoghen by the Code of Conduct Tribunal
is a ‘Trivialization of the judicial process’.
In a statement made available to our reporter on Wednesday
titled ‘THE CCT’S BENCH WARRANT FOR THE CJN ONNOGHEN’S
ARREST: CARRYING THE JOKE TOO FAR ‘, the senior advocate
of Nigeria(SAN), argued;
“It’s quite saddening and abhorrent to hear that the CCT has
issued a bench warrant for the arrest of CJN Walter Nkanu
Onnoghen.
For God’s sake, this is bordering on the vendetta, the
ridiculous and trivialization of the judicial process. I condemn
this unwholesome step which puts the CCT in the public domain as
being on a vengeful and extra-legal mission against the CJN.
It must be pointed out that this latest step by the CCT which
has argued it is solely under the president and not under the
judiciary, appears to be teleguided by the dictatorial Executive,
especially the presidency. These are my reasons for this strong
view:
[b]
1. The NJC has since taken over the investigation of the CJN as
provided for in sections 153,158,291,292(2) and section 21,parts A
and B to the 3rd schedule to the Nigerian Constitution.
2. The EFCC has since written a petition against the same
NJC,using the same evidence as that before the CCT.
3. The CCT has itself adjourned the CJN’s matter for argument on
whether it even has jurisdiction at all to hear the case against
the CJN.
4. There are at least 4 Court orders directing the CCT to halt
further proceedings.
5. The CJN has not yet been physically arraigned before the CCT
on the charges filed such as to give the CCT and jurisdiction over
the CJN.
6. Under the Provisions of the ACJA,a person such as Justice
Walter,can even be tried in absentia.He therefore does not
therefore have to be humiliated by being bundled to the court for
arraignment like a common criminal. So,it is not a question of one
being above the law.
7. By virtue of section 8 of the ACJA,every suspect is to be
accorded humane treatment,with dignity and no suspect is to be
subjected to inhuman and degrading treatment.
8. By virtue of section 3(d) of the CCB/CCT Act,the CJN ought
not have been charged at all before the CCT, given his admission of
mistaken non full compliance with the declaration of his assets.
The section provides that he shall not be charged before the CCT
once he admits non compliance. The matter ends there, as he shall
be made to comply by being given fresh forms to fill and make full
disclosure.
9. The earlier order made by the CCT that the CJN shall step
aside has since been appealed against to the Court of Appeal and
the appeal ought to be allowed to run its full course.[/b]
It is very clear to me that the CJN is being mob-lynched by the
government and a section of the compromised or uninformed members
of the public; is being harassed, intimidated and deliberately,
painted with the paintbrush of shame, all with a view to present a
fait accompli as to why.”
Read more ozekhome-lists-9-reasons-why-cct-arrest-order-for-cjn-onnoghen-is-a-vendetta/
