The National Association of
Democratic Lawyers (NADL) has advised Walter Onnoghen, former chief justice of
Nigeria (CJN), to resign.
In a statement on Thursday, Jiti
Ogunye, chairman, board of governors of NADL, asked the ex-CJN to take the
action in the interest of the judiciary.
Ogunye said though the group has
not deemed him guilty of the corruption allegations levelled against him,
Onnoghen should also consider plea bargain.
“In the prevailing situation, the
NADL calls on CJN Onnoghen to seriously consider a resignation from office in
the interest of the Nigerian judiciary,” the statement read.
“In making this suggestion, NADL
believes still in the presumed innocence of the suspended CJN Onnoghen under
the law and the Constitution. The NADL does not deem or adjudge him guilty.”
WHAT IS PLEA BARGAIN?
It is any agreement in a criminal
case between the prosecutor and defendant whereby the defendant agrees to plead
guilty or nolo contendere to a particular charge in return for some concession
from the prosecutor.
Ogunye also asked the federal
government and Onnoghen to shun abuse of court processes and powers in
prosecuting and defending the charges at the CCT.
The group condemned the “hasty
disposition” of Ibrahim Muhammad, acting CJN, in accepting to be appointed and
sworn in, adding that the judge had made a grave error of judgment.
“Since the charges nevertheless
had been filed, the NADL expected both the Federal Government of Nigeria (the
Executive Branch of Government of the Federation) and Hon. Justice W.S.N
Onnoghen to shun abuse of court processes and abuse of powers in prosecuting
and defending the charges at the CCT, the judgment of which is appealable to
the Court of Appeal,” the statement read.
“Thus, the desperate resort to
the National Industrial Court and the Federal High Court by the CJN, his allies
and lawyers to obtain ex-parte orders of injunction, which were procured and
granted with astounding and unusual alacrity to gag the CCT, so as to prevent
the arraignment and trial of CJN Onnoghen, is condemnable. It is an abuse of
court process. The NADL hopes that at the appropriate time, the NJC shall
revisit the actions of the Judges who granted these orders.
“The NADL condemns the suspension
of CJN Onnoghen from office, and his replacement, as aforesaid by the President
of Nigeria, Muhammadu Buhari. Under Section 292 of the Constitution, judicial
officers, including the suspended CJN, have security of tenure, which
guarantees that they can only be removed or suspended from office in accordance
with the dictates of the Constitution. The NADL, therefore, calls for the rescission
of the decision of the President, suspending CJN Onnoghen, and replacing him
with an acting CJN.”
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