Editorial
That FG’s Charge Against Onnoghen
The move by the All Progressives Congress (APC)-led Federal Government to arraign the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, before the Code of Conduct Tribunal (CCT) for alleged false assets declaration and for operating Bank Domiciliary Foreign Currency Accounts, leaves much to be desired.
Expectedly, the move has attracted widespread condemnations by many Nigerians, including the Nigerian Bar Association (NBA) and other organisations as well as erudite legal luminaries in the country. For example, former NBA President, Mr. Olisa Agbakoba (SAN) in his reaction said, “It is outrageous to even suggest that a CJN can be arraigned at all on any grounds as the constitutional procedure clearly specified that the CJN will have a charge laid before the Senate for misconduct or the NJC which is also empowered to take disciplinary action against judges”.
Like several other Nigerians, The Tide is worried that the arraignment of the CJN, who incidentally is the highest judicial officer and the embodiment of the judiciary in the country, without following the due process of the law is an attempt to emasculate and gag the third arm of government and as well denigrate the nation’s democracy.
It would be recalled that the Federal Government had hurriedly preferred charges against Onnoghen for alleged failure to submit a written declaration of all his assets and liabilities within the prescribed period of three months after being sworn in as CJN. It also accused him of refusing to declare a domiciliary bank account with the Standard Chartered Bank of Nigeria.
However, the trial of Onnoghen before the CCT on Monday was suspended because of improper handling on the part of the Federal Government. Same day, a Federal High Court in Abuja stopped the trial, asked the parties to the case to maintain the status quo ante and adjourned the matter to January 17.
While The Tide does not want to belabour itself over whether the CJN is guilty or not, we are of the opinion that the Federal Government did not follow the due process expected to prosecute a judicial officer of the CJN’s status. For the government to charge the CJN before the CCT, without first presenting whatever fact it purportedly has against him to the National Judicial Council (NJC), indeed, looks curious.
We strongly believe that the Court of Appeal judgement of 2017 between the Federal Government and Justice Ngajinwa, is clear and unambiguous enough. The appeal court judgement made it very clear that any misconduct attached to the office and functions of a judicial officer must first be referred to and handled by the NJC, pursuant to the provisions of the Constitution.
The judgement went further to say that only after the NJC has made pronouncement against such a judicial officer can the prosecuting agencies or the Federal Government institute charges against the officer.
We believe that these requirements of the law are anchored on the principles of separation of powers between the Executive, Legislature and the Judiciary, and underscore the need to preserve, promote and protect the sanctity and independence of the judiciary.
It is, therefore, mind-boggling that the Federal Government ignored these provisions of the law before embarking on a misadventure of prosecuting the number one judicial officer in the country.
We, therefore, call on the Federal Government to, without further delay, withdraw the charges against the Chief Justice of Nigeria before the Code of Conduct Tribunal. If, indeed, the Federal Government is convinced of the charges it preferred against the CJN, it should follow the due process of the law. More worrisome is the fact that this issue cropped up at a time when the country is warming up for the 2019 polls.
And the fact that this development is coming barely one month away to the general election, clearly puts the task on the Federal Government to do the needful in order not to create the impression that the entire saga is politically motivated. There is no iota of doubt that the judiciary is currently on trial.
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INEC’s Threat Alert Deserves Urgent Attention
Particularly troubling is the reported targeting of National Youth Service Corps (NYSC) members, who play a vital role in Nigeria’s electoral process. Many serve far from home and undertake sensitive assignments at polling units and other electoral locations. As civilians, they should not be exposed to intimidation, abduction or violence without adequate protection. If election workers are vulnerable, the safety of other officials, observers and voters cannot be guaranteed.
Nigeria’s electoral history offers painful lessons. Human Rights Watch reported in Nigeria’s Post-Election Violence, published in May 2011, that more than 800 people died in the violence following the 2011 general elections. NYSC members serving as electoral officials were among the victims. This tragedy underscores the deadly consequences of political tension, incitement and disputed outcomes. Nigeria must act on the latest warning before another preventable disaster occurs.
INEC deserves recognition for uncovering the alleged plot, while the DSS and other security agencies merit commendation for their reported assistance. However, arrests are only the beginning. Investigators must establish the suspects’ identities, motives, networks and intended targets, ensuring that evidence is admissible in court. The process must remain impartial and free from political interference. Credible public updates are also necessary, provided they do not compromise investigations or operational security.
The authorities must adopt a comprehensive, intelligence-led security strategy for 2027. INEC’s proposed security conference should produce practical measures developed in collaboration with the Inter-Agency Consultative Committee on Election Security (ICCES), the police, the DSS and other relevant agencies. Threat assessments should guide personnel deployment, secure transportation, emergency communications, evacuation procedures and rapid response. Protection must extend beyond polling day to the distribution of sensitive materials, collation centres and the safe return of ad hoc personnel.
Those who provide intelligence must also be protected from retaliation. Confidential reporting channels and appropriate safeguards should be established for informants and others assisting investigations. Equally, security deployments must not intimidate voters or facilitate political repression. Personnel should act professionally, impartially and proportionately, within the law. Clear mechanisms for reporting misconduct and investigating abuses are essential to maintaining public confidence.
The threat also highlights broader concerns about trust in the electoral system. The European Union Election Observation Mission’s June 2023 final report identified shortcomings in transparency and operational implementation during Nigeria’s 2023 general elections, alongside concerns about the legal framework and electoral dispute resolution. Credible elections require more than security; they depend on transparent procedures, accountable officials and consistent enforcement of electoral laws. INEC must demonstrate measurable progress in addressing previously identified weaknesses.
Voter apathy presents another challenge. INEC’s published figures indicate that approximately 25 million people voted in the 2023 presidential election, out of about 93.5 million registered voters, a turnout of roughly 26.7 per cent. Although insecurity is not the sole cause of low participation, threats against electoral personnel can heighten public anxiety and discourage voters from exercising their franchise. INEC should strengthen civic education, improve polling accessibility and communicate procedures clearly. Political parties, civil society and the media must promote peaceful participation and reject electoral intimidation.
Misinformation and manipulated digital content pose additional risks. False reports, fabricated announcements and deepfake videos can inflame tensions, impersonate officials and mislead voters. INEC should establish a well-resourced, rapid-response communication system supported by verified digital channels and timely public statements. Collaboration with credible media organisations and fact-checkers would help counter falsehoods without suppressing legitimate criticism. Clear, consistent communication is indispensable, as administrative confusion and delayed explanations often allow rumours to spread.
Electoral integrity must also begin within INEC itself. The chairman’s warning against partisanship, negligence, extortion and ethical misconduct deserves serious attention. Security measures cannot compensate for officials who abuse their positions or disregard established procedures. INEC should strengthen staff training, ensure transparent recruitment and deployment, provide secure channels for reporting misconduct and enforce disciplinary rules consistently. Allegations of bribery and political interference must be investigated regardless of rank, while ad hoc personnel should receive adequate briefing, support and prompt payment.
The legal framework also requires clarity and consistent enforcement. INEC should explain the precise provisions and applicability of Section 26 of the Electoral Act 2026, including the obligations of electoral officials and security personnel, and publish authoritative guidance on neutrality and professional conduct. Complaints by opposition parties that they have been prevented from campaigning in certain states must likewise be investigated impartially. Any established violations should attract appropriate corrective action. Electoral fairness requires not only impartial polling officials but also lawful campaigning, access to competing viewpoints and freedom from intimidation.
The alleged plot against INEC’s ad hoc personnel is a warning against complacency ahead of the 2027 general election. Governments, security agencies, INEC, political parties and civil society must work together to prevent violence, punish misconduct and protect citizens’ participation. The commission should communicate its security priorities, maintain accessible threat-reporting channels and provide periodic updates on preparedness. Nigeria’s democracy cannot be safeguarded by assurances alone; it requires demonstrable preparation, impartial law enforcement and an unwavering commitment to free, fair and credible elections.
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