Removal of Onnoghen By CCT Remains An Illegality Akaraiwe

*Says The Judiciary Cannot Fight For Itself, But That It Is
The Bar That Can
*Says The NBA could have done more
*The NBA Was Divided On partisan Lines
* Says you want to clear the prisons, you need a minimum of one
hundred judges in a state

Chairman, Conference Planning Committee, NBA Session on Public
Interest and Development Law who was the former First Vice
President of the NBA, and Former Chairman, NBA Human Rights
Institute, Ikeazor Akaraiwe, has said that the removal of Onnoghen
by the Code of Conduct Tribunal (CCT) remains illegality.

Mr. Akaraiwe made this statement whilst speaking on the topic,
“Judiciary, Democracy, and Human Rights”, on
Channels TV’s Sunrise Daily. Speaking on whether there is there a
difference between a judicial officer who is a public officer and a
mere public officer, he said that the CCT has the power to look
into anybody in public office and that include the justices. He
noted that the contention on the distinction between public
officers and judicial officers is a bit superfluous. Rather his
view is that the CCT has the power to determine whether a public
officer has declared his assets in line with the law. He added that
the question is whether the CCT did not over-rich itself in the
Onnoghen case, and in his opinion, he would say that they did,
because they removed him. He stated further that constitutionally,
it is the NJC that would have recommended his removal, and it is
the Senate that can remove him. But the Senate was robbed of their
powers.

Responding to the position of Senator Abaribe which is that the
NBA has failed, he said that the Judiciary did not fail. He is of
the opinion that the Judiciary cannot fight for itself, but that it
is the Bar that can. He accepted the fact that the NBA could have
done more.

“The NBA failed to exercise itself as much as it should. The bar
was divided on partisan line. But what did the Senate do on the
matter? If the president acted unconstitutionally, what is the duty
of the senate? The Law is that the Senate has the power to impeach
him – even if the process will fail, it should have made a
statement. But yes, the Bar could have done more, and I would like
to know why it didn’t do more,” he said.

Speaking further, he said that Paul Usoro, SAN, has done well in
a lot of respect, but, he has not been as activist as other past
presidents. According to him, he sees it in two folds: one, the
regime of the person in office is dependent on the attitude of the
president, stressing that, some are more activist than others,
while others are more managerial. Secondly, there is a court case
on the President’s neck.

“NBA needs to build institutions irrespective of the temperament
of the president. The Human Rights Institute is only on paper, it
is no longer active. NBA needs to strengthen institutions. The
Judiciary is traditionally defined. It does not lack the bite to
give judgments; it instead lacks the bite to defend itself.

“If you accuse a judge of corruption, he can’t address the
press; it is the bar that will do it for him. I have problem with
all due respect to Femi Falana’s view. You cannot say because you
found millions of dollars in a judge’s account, that he is a
corrupt man,” he added.

He also said that the Bar is not divided against itself but that
where two or three lawyers are gathered, there are two or three
opinions. He stressed that it is the duty of the executive of the
NBA to collate all views and have a stand.

Speaking on prison congestion, he said that it is the failure of
the executive and not the bar. According to him, if you want to
clear the prisons, you need a minimum of one hundred judges in a
state. He noted that the Legislature is not willing to deal with
that, especially, lawyers in the legislative arm of government.

“Lawyers in the National Assembly have failed us. There is a
problem with lawyers when they get into office. I wonder why. Some
of them are lawyers but have not practiced the law,” he said.

He also advised that the public should not shut their eyes to
the infraction of lawyers, adding that they should report matters
to the NBA. He, however, said that the NBA has done a lot. Also, he
said that NBA needs to recalibrate, and the amendment of the NBA
Constitution will achieve that.

Speaking on the theme of the NBA Conference, he emphasized on
the global relevance of E-lawyering. He advised law lawyers not to
expect rewards at their early stage of practice.

“If you are coming into law practice, prepare for one thing,
that early law practice has little or no financial reward. Unless
you are a child of a rich person or your parent is a lawyer. I
advise young lawyers to give themselves to practice. They should
not expect financial reward early, it’s everywhere, even in the
UK,” he said.

“Nigeria’s current state is dissolution of many generations, but
the last administration did not show us the capacity, and insert to
take us to the next level. With few exceptions, the ministers are
discouraging.

“To me, Obasanjo is the most successful leader Nigeria has ever
had till date. What was his trick? We had new names for the first
time. We say that the country needs restructuring. Even the states
are not doing well,” he said while speaking on what could be the
agenda of the country

He also advised the Attorney-General of the Federation, Abubakar
Malami, SAN, that rule of law should not be subjected to National
Interest because the same is a subjected phrase which will change
from one head of state to the other.