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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