Foremost lawyer and human rights
activist, Mike Ozekhome, has reacted to the bench warrant issued by the Code of
Conduct Tribunal, CCT, against the suspended Chief Justice of Nigeria, CJN,
Walter Onnoghen.
We had reported that the
CCT on Wednesday also mandated the Inspector General of Police, Mohammed Adamu
and the Director General, Department of State Services, DSS, Yusuf Magaji to
effect his arrest.
This development was sequel to an
application by the prosecuting counsel, Aliyu Umar, praying the tribunal that a
bench warrant be issued against Onnoghen whom he said has been consistently
absent from court.
Umar, however, argued that his
application for a bench warrant was appropriate given that Onnoghen’s
none-appearance today was the main reason upon which the last adjournment was
approved.
In a statement made available to
newsmen on Wednesday and entitled ‘THE CCT’S BENCH WARRANT FOR THE CJN
ONNOGHEN’S ARREST: CARRYING THE JOKE TOO FAR ‘, the senior advocate of
Nigeria(SAN), condemned the bench warrant, describing it as a trivialization of
the judicial process.
The statement read: “It’s quite
saddening and abhorrent to hear that the CCT has issued a bench warrant for the
arrest of CJN Walter Nkanu Onnoghen.
“For God’s sake, this is
bordering on the vendetta, the ridiculous and trivialization of the judicial
process. I condemn this unwholesome step which puts the CCT in the public
domain as being on a vengeful and extra-legal mission against the CJN.
“It must be pointed out that this
latest step by the CCT which has argued it is solely under the president and
not under the judiciary, appears to be teleguided by the dictatorial Executive,
especially the presidency. These are my reasons for this strong view:
1. The NJC has since taken over
the investigation of the CJN as provided for in sections 153,158,291,292(2) and
section 21, parts A and B to the 3rd schedule to the Nigerian Constitution.
2. The EFCC has since written a
petition against the same NJC, using the same evidence as that before the CCT
3. The CCT has itself adjourned
the CJN’s matter for argument on whether it even has jurisdiction at all to
hear the case against the CJN
4.There are at least 4 Court
orders directing the CCT to halt further proceedings.
5. The CJN has not yet been physically
arraigned before the CCT on the charges filed such as to give the CCT and
jurisdiction over the CJN.
6. Under the Provisions of the
ACJA, a person such as Justice Walter, can even be tried in absentia. He
therefore does not therefore have to be humiliated by being bundled to the
court for arraignment like a common criminal. So, it is not a question of one
being above the law.
7. By virtue of section 8 of the
ACJA, every suspect is to be accorded humane treatment, with dignity and no
suspect is to be subjected to inhuman and degrading treatment.
8. By virtue of section 3(d) of
the CCB/CCT Act, the CJN ought not have been charged at all before the CCT,
given his admission of mistaken non full compliance with the declaration of his
assets. The section provides that he shall not be charged before the CCT once
he admits non compliance. The matter ends there, as he shall be made to comply
by being given fresh forms to fill and make full disclosure.
9. The earlier order made by the
CCT that the CJN shall step aside has since been appealed against to the Court
of Appeal and the appeal ought to be allowed to run its full course.
It is very clear to me that the
CJN is being mob-lynched by the government and a section of the compromised or
uninformed members of the public; is being harassed, intimidated and
deliberately, painted with the paintbrush of shame, all with a view to present
a fait accompli as to why.
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