The Nigerian Bar Association
(NBA) again on Tuesday urged the federal government to end the trial of the
suspended Chief Justice of Nigeria, Walter Onnoghen, at the Code of Conduct
Tribunal (CCT).
In a statement on Tuesday by its
president, Paul Usoro, the NBA said its request is to prevent double jeopardy
against Mr Onnoghen and allow the National Judicial Council (NJC) to perform
its constitutional role.
The association said it
appreciated current steps being taken by the executive, which it said suggests
a recognition of the place of the NJC in the matter.
It urged the government to stop
the trial to allow the NJC conclude its expected responsibilities.
“Ahead of the adjourned
proceedings in the above-named matter before the Code of Conduct Tribunal (CCT)
scheduled for tomorrow, 13 February 2019, the Nigerian Bar Association again
urges the Executive arm of the Federal Government of Nigeria (FGN) to
discontinue this Charge against the Chief Justice of Nigeria, Honorable Mr.
Justice Walter S N Onnoghen, GCON (CJN) for the following reasons,
amongst others:
“First, as widely reported, one
of the two petitions against the CJN that is currently before the National
Judicial Council (NJC or Council) is an exact replica of the petition that
motivated the CCT Charge. The second petition was reportedly presented by the
Economic and Financial Crimes Commission (EFCC), an FGN agency. We commend the
FGN for adhering to due process by submitting the EFCC petition to the NJC for
consideration. In like manner and in adherence to the law and due process, we
urge the FGN to discontinue the CCT Charge and allow the NJC consider the
initial petition which, as widely reported, has already been responded to by
the CJN.
“Second, the Chairman of the CCT,
Hon. Danladi Umar, in his response to a petition that was written against him
and which was forwarded to him by the Federal Judicial Service Commission,
states emphatically that he and his Tribunal are answerable and report only to
the Presidency, by law and practice. He is absolutely correct.
“An insistence, in the
circumstance, on the CJN, the head of an independent arm of the FGN, standing
trial before a Tribunal that is under the Presidency and is answerable only to
the Presidency, mocks the concept of and completely erodes the independence of
the judiciary and the constitutional separation that should exist between the
three arms of the FGN. It is precisely for this reason that our Constitution created
the NJC and we are pleased that the FGN has warmed up to the utilisation of
that due process, as illustrated by the submission of the EFCC petition to the
Council.”
The NBA said its request is
premised on a submission that the appearance of the suspended CJN before a
tribunal for trial would diminish the entire government.
“Third, and complementary to the
two points afore-stated is the fact that the spectacle of having our CJN, while
still holding that title, in the dock before the CCT or any other Court, truly
diminishes all of us, not least the Executive arm of the FGN.
“The NJC process allows an
initial determination to be made on the petitions against the CJN and if His
Lordship is found liable or wanting howsoever, appropriate sanctions would be
imposed by the NJC including recommendation for his dismissal or retirement.
“In that event, he would no
longer hold the office or title of CJN and could be prosecuted for any criminal
infraction before the CCT or any other Court. An insistence on the CCT
prosecution paints a picture of persecution of the CJN by the Executive and
such a spectacle in no way ennobles the FGN Executive arm and/or its officials.
Such a scenario should be avoided by all means.
“Given these non-exhaustive
considerations and facts, we press on the Executive arm of the FGN to please
discontinue the Charge against the CJN when the matter comes up before the CCT
tomorrow, Wednesday, 13 February 2019.
“We respectfully urge full
compliance with due process by FGN in this matter by allowing the NJC process
to take its course in respect of the two petitions against the CJN – a step
that has already, commendably, been embraced by FGN in respect of the EFCC
petition.”
Mr Onnoghen is facing trial over
allegations that he violated the code of conduct for public officials.
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