Onnoghen’s removal has ‘taken away the confidence’ of judges-Group

A group known as the Justice Reform Project has described the
“unceremonious removal” of Walter Onnoghen, former chief justice of
Nigeria (CJN), as a signal of a crisis in the administration of
justice in the country.

Citing an order of the Code of Conduct Tribunal (CCT), President
Muhammadu Buhari suspended Onnoghen over allegations of false
declaration of assets in January.

Onngoghen, who was arraigned before the CCT on a six-count
charge, was convicted but later resigned in April.

In a letter dated June 21 and addressed to President Muhammadu
Buhari, Yemi Candide-Johnson, convener of Justice Reform Project,
said Onnoghen’s trial led to the “collapse of confidence” in the
individuals who occupy judicial offices.

“This memorandum follows the public announcement that Mr.
President has accepted notice of retirement from the former Chief
Justice, Justice Walter Onnoghen, and your Excellency intends
shortly to nominate an additional five justices to the nation’s
Supreme Court,” the group said.

“Mr. President, there can be little contest that the absence of
effective self-regulating mechanisms for the legal profession has
played a major role in the loss of confidence in the nation’s
judiciary.

“The unceremonious removal of the nation’s highest judicial
officer was the clearest signal in recent times of a raging crisis
in the administration of justice in Nigeria, and the collapse of
confidence in the individuals who occupy highest judicial
offices.”

The group also urged the president to ensure that only those who
merit it are appointed as judges of the apex court.

It made reference to how Aloma Mukhtar, former chief justice of
Nigeria, lamented the prevalence of lobbying and favouritism in
judicial appointments at the cost of merit.

“We respectfully urge and make the following prayers of Mr.
President: instruct the attorney-general of the federation to issue
an opinion as to the quality and character of candidates for high
judicial office and the principles upon which the President will
act in making such appointment,” the letter read.

“Nigeria has long been a peculiar jurisdiction when it comes to
the appointment of Judges and Justices to superior courts of
record. While the Constitution provides that an appointee to the
highest judicial office must have no less than 15 years’ experience
post call to the Bar, and must be a fit and proper person, this
could not have been intended to result in a lowering of judicial
standards to the current extent.

“The Constitutional prescription is only an entry qualification,
and that in and of itself is incapable of producing a crop of
Judges who are equipped in character and intellect to occupy the
highest judicial office in the land. Certainly, not every lawyer
with 15 years of practice experience and with an otherwise clean
record is fit for the Supreme Court even if he/she is ‘qualified’.
It is an office that demands to be occupied by persons of the
highest character, and intellectual capability.

“Your Excellency is undoubtedly bound by the rules of law, and
this you have expressed without hesitation. You are therefore
committed to recognizing the independent, impartial, competent and
effective judiciary. It is imperative that Your Excellency
circumvents the lapses in the system in forwarding any fresh
nomination that may perpetuate the same cycle that have brought us
to this point in the first place. It is critical that only the most
excellent and incorruptible minds are appointed to the bench.

“A successful judiciary is one whose members are appointed
following a rigorous process and adherence to criteria that assess
both the candidate’s legal qualifications as well as integrity
(please see Annex 1 for a detailed illustration of such criteria).
|t is crucial that only the best people are appointed to judicial
positions.”

Apart from Candide-Johnson, 33 other people signed the
letter.