The legal community have condemned in strong terms the recent action by Nigeria’s anti-graft agency, the Code of Conduct Bureau (CCB), to try the Chie
The legal community have condemned in strong terms the recent action by Nigeria’s anti-graft agency, the Code of Conduct Bureau (CCB), to try the Chief Justice of Nigeria, Walter Onnoghen. Onnoghen is set to be arraigned by the Code of Conduct Bureau at the tribunal on Monday on six counts of alleged false asset declaration.
The CJN was accused by a group, the anti-corruption and research based data initiative, headed by Denis Aghanya. Mr Aghanya is a former official of President Muhammadu Buhari’s defunct political party, Congress for Progressive Change. Following a petition by Mr Aghanya’s group, dated January 7, Mr Onnoghen appeared before the CCB on Friday and explained his stance on the allegation against him.
In separate reactions, the Nigerian Bar Association and individual lawyers condemned the move and accused the executive arm of the government of desperately seeking to intimidate the judiciary. The NBA condemned the speed of the investigation and trial of Mr Onnoghen, describing it as a validation of the fact that President Muhammadu Buhari’s federal executive has directed the current development.
“If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration!
“It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT. As a final point, it is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government,” the NBA said in a statement by its president, Paul Usoro.
Nigerian lawyer and a Senior Advocate of Nigeria, Femi Falana, described the move as a prosecutorial misadventure, and called on the justice minister, Abubakar Malami, to immediately withdraw the charge. In a similar reaction, another Senior Advocate, Rotimi Oguneso, expressed shock at the development and wondered the role of the president’s legal advisers in the matter, adding that it is indecent and revolting.
“Why this time? Is it to heat up the polity? There is something called discretion. I can’t see it in what has been done,” Mr Oguneso said.
Also, Senior Advocate of Nigeria, Mike Ozekhome, described it as an attempt to gag the CJN who is constitutionally empowered to inaugurate the presidential election tribunal, against the 2019 election.
“It is curious. Less than 40 days to the elections, the judiciary is once again being eroded and gagged. There are many questions to be asked: How come it took the President so long to approve the appointment of the CJN?
“How come they did not find this allegation since? How come they relied on the so-called petition by an NGO, dated January 7 and received January 9 to hurriedly file charges on January 11? How come they are already asking the CJN to recuse himself? The Nigerian Justice system assumes the innocence of a person until he is proven guilty,” said Mr Ozekhome
Sahara
