Follow due process, allow NJC to examine Onnoghen, SERAP tells govt

Socio-Economic Rights and Accountability Project has urged
President Muhammadu Buhari to follow due process by allowing the
National Judicial Council to examine the Chief Justice of Nigeria,
Walter Onnoghen.

The human rights organisation said this should be done as
Onnoghen recluses himself.

SERAP urged Buhari to instruct the Attorney-General of the
Federation and Minister of Justice, Abubakar Malami SAN, to
immediately withdraw the charges against Onnoghen, and to send any
allegations of breach of assets declaration provisions of the 1999
Constitution of Nigeria (as amended) to the National Judicial
Council for investigation.

The Federal Government on Monday withdrew the charges against
Onnoghen, even as the CJN refused to appear in court.

SERAP said in a statement: “Mr. Malami should then request
Justice Onnoghen, as the Chairman of the NJC, to recuse himself, so
that the next most senior justice at the Supreme Court can preside
over the process and set up a panel to investigate the allegations
against Justice Onnoghen to ensure fairness and justice in the
matter.”

The organisation’s senior legal adviser, Bamisope Adeyanju,
added: “We believe that enforcing assets declaration provisions
would help to prevent corruption and abuse of office and ensure
transparency among public officers, including judges.

“But the government should follow due process of law, and allow
the NJC to consider the allegations against Justice Onnoghen first
before pushing for prosecution, should there be any relevant
admissible evidence.

“This would help to accord Justice Onoghen his entire rights
through laid down process.

“The moral guilt or the legal guilt of Justice Onnoghen should
be left for the judicial process to decide, as he is presumed
innocent until proven guilty by a court of competent
jurisdiction.

“For now, the fundamental question is whether he is afforded the
due process of law, as he is constitutionally and legally entitled
to. This is our interest in this case, and this should be the
interest of every lover of justice.

“Due process here requires that Justice Onnoghe be given an
opportunity to have allegations against him heard by the NJC.

“The bringing of this case against Justice Onnoghen before the
Code of Conduct Tribunal would appear to have fallen below the
minimum procedural standards of legal justice, which in turn would
affect the quality of justice he receives.

“Due process rights should not be curtailed in the interest of
expediting enforcement of asset declaration provisions.

“The authorities have the responsibility to ensure fair
treatment of judges or others who face these kinds of charges that
may ultimately lead to deprivation of liberty.

“Preventing the NJC to first hear the allegations against
Justice Onnoghen would deny him his constitutionally and
internationally recognised right to a fair hearing and lead to the
matter being unnecessary politicised.”

“The authorities may have a strong case against him, but the
possibility of success is diminished if the proper procedure is not
followed.

“The requirements of justice and success of the fight against
corruption justify the fundamental need to ensure and apply due
process rights in this case.”