Politics
CJN’s Non-Asset Declaration: The Frills, Thrills And Implications
The ongoing matter regarding the trial of the Chief Justice of Nigeria (CJN), Walter Samuel Nkanu Onnoghen, over non-declaration of assets has become one of the most controversial developments to dominate the country’s political space ahead of the 2019 general elections scheduled to hold in February.
The crux of the matter is that a civil society group, Anti-Corruption and Research-Based Data Initiative (ARDI), on the 7th of January 2019, petitioned against the CJN to the Code of Conduct Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC) over his non-compliance to the Nigerian constitution regarding declaration of assets.
The petition reads in parts: “We hereby petition you on suspected violations of the law and the Constitution of Nigeria by the Chief Justice of Nigeria, the Honourable, Justice Walter Samuel Nkanu Onnoghen.
“Specifically, we petition you based on the alarming facts detailed below, all of which indicate that the leader of our country’s judicial branch is embroiled in suspected official corruption, financial crimes and breaches of the Code of Conduct Bureau and Tribunal Act”.
The organisation alleged that Justice Onnoghen made five different cash deposits in dollars into an identified Standard Chartered Bank Account, which was not declared to the CCB as part of his assets, being a requirement for a public office holder, especially of his status.
Following this, on Thursday, January 10, 2019, the Federal Government filed charges against Justice Onnoghen, accusing him of false declaration of assets.
The Federal Government said, against the provisions of the law, the Chief Justice only partially declared his assets in 2016 after the controversial crackdown on judges.
The government further said that the number one judge of the nation still failed to declare a series of bank accounts, denominated in local and foreign currencies, linked to him at a Standard Chartered Bank branch in Abuja.
In his response to the CCB upon receiving the query, the CJN said he forgot to update his asset declaration, after the expiration of his 2005 declaration.
In his words: “My asset declaration form numbers SCN 00014 and SCN 00005 were declared on the same day, 14/12/2016 because I forgot to make a declaration of my assets after the expiration of my 2005 declaration in 2009. Following my appointment as acting CJN in November 2016, the need to declare my assets anew made me realise the mistake.
“I then did the declaration to cover the period in default. I did not include my Standard Charted Bank account in SCN 000014 because I believed they were not opened.
“I did not make a fresh declaration of asset after my substantive appointment as CJN because I was under the impression that my SCN 000015 was to cover that period of four years which includes my term as CJN.”
Meanwhile, the trial which was billed to commence last Monday, had two-key hick-ups: Onnoghen, who was represented by a team of 47 senior lawyers, led by Wole Olanipekun, was absent during the first sitting, and the defence, as presented by Olanipekun, was that the court has no power to hear the charges at all, because due constitutional procedure had not been followed.
The Nigerian Constitution required in Section 292 that a serving judge must first be investigated and indicted by the National Judicial Council (NJC) before dismissal or trial for misconduct in open courts. The NJC regulates the Nigerian judiciary.
Olanipekun also argued that the tribunal summons to Mr Onnoghen was delivered to his personal assistant and not him personally, arguing that this was an anomaly and added to the reasons for his absence.
While the prosecution, led by Umar Aliyu from the Federal Ministry of Justice, views this as a mere distraction, Danladi Umar, the tribunal chairman, adjourned further hearing until January 22. He ordered that Mr Onnoghen must appear to be docked for the charges against him, as well as listen to arguments on whether or not the tribunal could assert jurisdiction.
Expectedly, there have been so many interpretations attached to the first ever trial of the Chief Justice of Nigeria, cutting across interests ranging from political affiliations, through ethnic considerations to professional standpoints, and personal opinions.
Going back memory lane, pundits express the belief that Onnoghen’s present travail may have started from the point of his appointment. Upon the retirement of the former Chief Justice, Mahmud Mohammed, in 2016, at the statutory age of 70, Onnoghen’s appointment suffered unprecedented delay by President Mohammadu Buhari. But he was finally sworn in as Acting Chief Justice of Nigeria (CJN) on the 10th of November 2016.
There was however a prolonged delay in confirming him as the substantive Chief Justice, the position he rightly deserved as the most senior Justice of the Supreme Court.
The delay led to series of speculations from various quarters. Finally, on March 7, 2017, Onnoghen was sworn in as the 17th Chief Justice of Nigeria by Vice President Yemi Osinbajo, in his position as Acting President.
Amidst the cheers from mostly the ruling party, APC, and the holes picked by the opposition led by the PDP in the timing of the allegation and the manner of its execution, certain salient points remain very clear, and hence deserve to be treated cautiously and rightly, if the country must progress without avoidable political ranscour capable of destabilising the current fragile unity of purpose.
Following some body language of the Buhari-led government regarding the execution of the anti-corruption fight, as exemplified by the President’s refusal to assent the amended Electoral Act, close watchers of Nigeria’s political terrain have already indicated that the Federal Government is doing everything possible to gag any suspected decentering voice.
The question is, if the President’s excuse for not assenting to the Electoral Act was to avoid destabilising the electoral process, even when assent would mean less room for rigging, why would he allow the Onnoghen matter to be so pursued unconstitutionally in a hurry and with about a month to elections?
The answer seem, to be in what critics of the administration have adduced from the unfolding scenario: that Mr Buhari was behind the move to remove a Chief Judge of Southern origin in order to replace him with a judge from his northern region who would be more amenable to political influence.
In the words of Charles Omole, in a message to Premium Times, ”The timing of the indictment is suspicious. The speed with which it is being pursued strengthens the suspicion as it is uncharacteristic of the slow approach of this administration to act on even far more crucial matters in the past three years.”
The onus is thus on Mr President to prove otherwise: That his whole heightened drama over Onnoghen is not just for the February 2019 elections, even as non-declaration of asset is against the law. The only way to do this is to allow the law take its full course.
Soibi Max-Alalibo
The former two-term governor went down memory lane to recall how they founded the APC but were used and dumped.
In his words, “…those calling on us to join APC, we have agreed to join the APC but on clear agreement that protects and respects the interest of my party, NNPP and my political movement, Kwankwasiyya. No state where you go that you don’t have NNPP and Kwankwasiyya. We have gubernatorial candidates, senatorial candidates and others.
“We are ready to join APC under strong conditions and promises. We will not allow anyone to use us and later dump us.
“We were among the founding fathers of the APC and endured significant persecution from various security agencies while challenging the previous administration.
“Yet when the party assumed power, we received no recognition or appreciation for our sacrifices, simply because we didn’t originate from their original faction.
“We are not in a hurry to leave the NNPP; we are enjoying and have peace of mind. But if some want a political alliance that would not disappoint us like in the past, we are open to an alliance. Even if it is the PDP that realised their mistakes, let’s enter an agreement that will be made public,” Sen. Kwankwaso stated.
Former President Olusegun Obasanjo has dismissed long-standing claims that he once sought to extend his tenure in office, insisting he never pursued a third term.
Speaking at the Democracy Dialogue organised by the Goodluck Jonathan Foundation in Accra, Ghana, Chief Obasanjo said there is no Nigerian, living or dead, who can truthfully claim he solicited support for a third term agenda.
“I’m not a fool. If I wanted a third term, I know how to go about it. And there is no Nigerian, dead or alive, that would say I called him and told him I wanted a third term,” the former president declared.
Chief Obasanjo argued that he had proven his ability to secure difficult national goals, citing Nigeria’s debt relief during his administration as a much greater challenge than any third term ambition.
“I keep telling them that if I could get debt relief, which was more difficult than getting a third term, then if I wanted a third term, I would have got it too,” he said.
He further cautioned against leaders who overstay in power, stressing that the belief in one’s indispensability is a “sin against God.”
On his part, former President Goodluck Jonathan said any leader who failed to perform would be voted out of office if proper elections were conducted.
Describing electoral manipulation as one of the biggest threats to democracy in Africa, he said unless stakeholders come together to rethink and reform democracy, it may collapse in Africa.
He added that leaders must commit to the kind of democracy that guarantees a great future for the children where their voices matter.
He said: “Democracy in Africa continent is going through a period of strain and risk collapse unless stakeholders came together to rethink and reform it. Electoral manipulation remains one of the biggest threats in Africa.
“We in Africa must begin to look at our democracy and rethink it in a way that works well for us and our people. One of the problems is our electoral system. People manipulate the process to remain in power by all means.
“If we had proper elections, a leader who fails to perform would be voted out. But in our case, people use the system to perpetuate themselves even when the people don’t want them.
“Our people want to enjoy their freedoms. They want their votes to count during elections. They want equitable representation and inclusivity. They want good education. Our people want security. They want access to good healthcare. They want jobs. They want dignity. When leaders fail to meet these basic needs, the people become disillusioned.”
The dialogue was also attended by the President of the ECOWAS Commission, Dr. Omar Touray, Bishop Matthew Hassan Kukah of the Sokoto diocese of Catholic Church among others who all stressed that democracy in Africa must go beyond elections to include accountability, service, and discipline.
The Rivers State House of Assembly yesterday resumed plenary session after a six-month state of emergency imposed on the state by President Bola Tinubu elapsed on Wednesday midnight.
President Bola Tinubu had lifted the emergency rule on September 17, with the Governor of the state, Siminalayi Fubara, his deputy, Ngozi Odu, and members of the state assembly asked to resume duties on September 18.
The plenary was presided over by the Speaker of the House, Martins Amaewhule, at the conference hall located within the legislative quarters in Port Harcourt, the state capital.
The conference hall has served as the lawmakers’ temporary chamber since their official chamber at the assembly complex on Moscow Road was torched and later pulled down by the state government.
The outgone sole administrator of the state, Ibok-Ete Ibas, could not complete the reconstruction of the assembly complex as promised.
Recall that on March 18, President Bola Tinubu declared a state of emergency in Rivers following the prolonged political standoff between Fubara and members of the House of Assembly loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
He subsequently suspended the governor, his deputy, Ngozi Odu, and lawmakers for six months and installed a sole administrator, Vice Admiral Ibok-Ete Ibas (rtd.), to manage the state’s affairs.
The decision sparked widespread controversy, with critics accusing the president of breaching the Constitution.
However, others hailed the move as a necessary and pragmatic step.