There were strong indications on Wednesday that the Federal
Government has opted to continue with the trial of the outgoing
Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of
Conduct Tribunal (CCT).
It was confirmed on Wednesday at the CCT that Onnoghen’s lawyers
have filed their final address.
The prosecution team is expected to submit its final address
today.
Justice Onnoghen is said to have bungled his chances to meet
with President Buhari to resolve the impasse amicably in the
interest of the Executive and the Judiciary.
After Justice Onnoghen’s resignation, it was not immediately
clear whether or not President Muhammadu Buhari would direct that
his trial at the Code of Conduct Tribunal be stopped.
While some government officials wanted the trial concluded, some
members of the Bench and the Bar insisted on the decision of the
National Judicial Council (NJC) to retire Justice Onnoghen.
Although the President was said to be weighing options on the
NJC’s report, which made recommendations on Justice Onnoghen’s
future, a government official said his trial will be concluded.
The source said: “The government will not withdraw the case
against Onnoghen in CCT in order not to set a bad precedent.
“We want the case to run its lifespan for posterity and to avoid
reading of political meanings into it. When this case started,
there was much uproar, that it was politically motivated by the
presidency. We want the tribunal to decide the case on merit.
“The NJC’s report also did not say that the trial be halted. It
only demanded the retirement of Onnoghen. This is why no directive
has been given to the Code of Conduct Tribunal, which is
prosecuting the case, to withdraw the charges against the CJN.”
The source, who stressed that there was no deal with Justice
Onnoghen over his trial, claimed that the CJN bungled his chances
to decide his fate in the interest of the Judiciary.
The source added: “There were moves to prevail on the President
not to allow the CJN to be on trial in CCT. The first window came
from the Nigerian Bar Association(NBA) which sent a delegation to
Vice President Yemi Osinbajo. The NBA team wanted soft-landing for
Onnoghen. Some terms were agreed upon, including resignation or
voluntary retirement by Onnoghen.
“The NBA team was mandated to prevail on him to quit honourably
in view of some overwhelming allegations and investigative reports
on him. The CJN, who was initially amenable to reconciliation,
later backed out.
“The second mediation was about another proposed confidential
session between President Buhari and Onnoghen, which was
facilitated by some highly-placed Nigerians. They wanted the
President to hear from Onnoghen to pave the way for his quiet
retirement from office without subjecting him to trial.
“The CJN consented to the session with the President but he
aborted it at the last minute without any justifiable cause.
“Onnoghen had over-relied on the outcome of NJC’s investigation
– that it would be in his favour. He had no choice than to throw in
the towel when the NJC advised Buhari to retire him. It was at this
stage he chose to voluntarily leave office.”
Speaking with our correspondent last night, the Chairman of the
Code of Conduct Bureau, Dr. Muhammed Isah, said: “We have not
received any directive from the Chief Law Officer of the
Federation, Mallam Abubakar Malami(SAN), who is the
Attorney-General of the Federation and Minister of Justice, to
discontinue the case.”
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