Tag: CJN

  • Breaking: Onnoghen at CCT: Appeal Court refuses to stay proceedings

    The Court of Appeal in Abuja has rejected the request by suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to stay proceedings in the charge pending against him before the Code of Conduct Tribunal (CCT).

    A three-man panel, led by Justice Abdul Aboki, in a ruling a moment ago, dismissed the application Onnoghen filed to that effect.

    Read Also: Falana urges NJC to ask Onnoghen to step aside

    The court said, in view of the provision of Section 306 of the Administration of Criminal Justice Act (ACJA), it lacked the power to stay proceedings in criminal cases.

    By the ruling, the CCT is now free to resume proceedings in the charge before it.

     

    Details shortly….

  • Boycott directive stalls Onnoghen’s case in Industrial Court

    The directive by Nigerian Bar Association ( NBA ), calling on its members to boycott the courts for two days stalled the hearing of a suit challenging the trial of Justice Walter Onnoghen.

    Onnoghen was the former Chief Justice of Nigeria (CJN).

    The suit which is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) was slated for hearing on Wednesday in the National Industrial Court, Abuja.

    The court had on Jan. 14 granted an interim order brought via a motion exparte application against the Tribunal by Peter Abang, lawyer and concerned Nigerian.

    At the resumed hearing of the substantive suit, the judge, Justice Sanusi Kado informed the defendant counsel, Abdullahi Abubakar representing the Attorney-General of the Federation that there was a letter from the claimant’s counsel before the court.

    Kado also said the letter from the counsel, James Igwe (SAN), asked for a new date, adding that his absence was due to NBA’s directive to lawyers to boycott courts in protest of Onnoghen’s suspension.

    The judge thereafter adjourned the matter until Feb. 7 and directed that hearing notices should be served on all parties.

    Read Also: I participated in NJC meeting, says NBA President

    NBA reached a resolution to boycott courts nationwide from Tuesday Jan. 29 and Wednesday Jan. 30, after its National Executive Committee (NEC) meeting on Monday in Abuja.

    The NBA President, Mr Paul Usoro, who made the announcement, said lawyers reached the agreement to express their displeasure over the suspension of the CJN.

    Onnoghen was suspended by President Muhammadu Buhari on Jan. 25, over failure to declare his assets as required of every public servant by law.

    The president said he acted on a motion exparte order granted by the CCT, replacing Onnoghen with Justice Tanko Mohammed as acting CJN.

    Joined as co-defendants in the suit are Code of Court Bureau (CCB), CCT chairman, Danladi Umar, Office of the Attorney-General of the Federation and The National Judicial Service Commission (NJC), and the National Judicial Council

    Others are The Federal Judicial Service Commission, the Inspector-General of Police, Minister of Justice Minister, Abubakar Malami, and the Senate President, Bukola Saraki.

  • CJN: Who’s “gate”?

    The Watergate scandal of 1972 in the United States of America gave rise to the adoption of the “-gate” suffix that is now used to depict scandals of every type. The way it works in Nigeria is that the suffix is added to the subject matter of the scandal or to the name of the individual or group at the centre of the scandal, as in the very recent Adeosungate. Now, there is a fresh and ongoing scandal at the highest level of the country’s judiciary, but the heroes and villains are difficult to tell apart. Where does the smear of scandal fall in the ongoing drama between the presidency and the now suspended (?) Chief Justice of Nigeria, Justice Walter Onnoghen?

    When news suddenly got out that the CJN would be arraigned for offences related to non-declaration of assets, there were mixed reactions from Nigerians. There was dismay in the South-south, irritation in the legal community and bewilderment in the wider society. Tied to the different emotions was the knowledge of the looming elections, just over two weeks away now. Facts quickly emerged about the speed of development in the case from the submission of petition to filing before the Code of Conduct Tribunal, CCT. Then the lawyers injected some more controversy about the legality of the procedure and constitutional arguments erupted. While this was going on, the CJN’S bank accounts were published publicly.

    The CJN’s battalion of lawyers and Senior Advocates of Nigeria, SANs, objected to the CCT’s jurisdiction by filing cases in other courts. They filed several applications for discontinuation of the CCT case, including one that led to an order from the Court of Appeal to stay the proceedings. However, President Muhammadu Buhari, in an address on Friday, suspended the CJN on the strength of an order granted by the CCT, naming Justice Tanko Mohammed as the Acting CJN. There was widespread rejection of this move by most of the notable legal practitioners in the country, thereby compounding the debate on the legality of the Code of Conduct Bureau heading straight to the CCT in the first place. Given the sensitive timing of the prosecution and the blurry legality of the process adopted, the international community has also expressed concerns.

    Thus, what could have easily become another anti-corruption victory for the Buhari administration has turned into a constitutional crisis, and the possible shame of a CJN is being overshadowed by what appears to be his persecution, against the spirit of the law and in disrespect of its procedures. Like in many of the country’s affairs, bad management of this issue has escalated an already sensitive matter into a national emergency. In what appears to be a passive protest at the development, other Judges of the Supreme Court did not attend the swearing in of the members of the Election Tribunal for next month’s elections. Only one of the Supreme Court judges attended the ceremony conducted by the acting CJN.

    Meanwhile, the Nigerian intelligentsia is caught between a genuine desire to see corrupt officials exposed, tried and removed and anger at the seeming disregard for legal procedure, which would have ensured the rule of law in this matter. For others, it appears like an ethnic affront or an audacious political gambit calculated to influence the judiciary in the aftermath of the elections. This cacophony of emotions and the posture of the judiciary at this time is the last thing we need in the run in to elections. The National Assembly is also poised to weigh in on the matter. The constitution assigns the Senate a role in the removal of a CJN, which is where this is headed.

    Legally speaking, the constitution is silent about the exact procedure and power to suspend a sitting CJN. However, it gives the National Judicial Council, NJC, power over discipline of judicial officers. This strengthens the argument of the CJN’s lawyers who have relied on a Court of Appeal decision in Nganjiwa v FRN to claim that all questions of misconduct against a judicial officer should be referred first to the NJC, which was not done in this case. Some others have cited a provision in the Interpretation Act that purportedly allows the president to exercise the power of suspension against the CJN, in the silence of the constitution on that particular matter. As only a competent court of law can decide this issue, one would think that the body language of the judiciary should guide the presidency in this matter.

    As for Onnoghen, the game may be up for him. There appears to be no scenario where he returns happily to serve as CJN until retirement. Even a successful defence of the allegations against him may still not remove the moral obligation on him to step down from his tainted office as the CJN. Had he done the honourable thing at the beginning by stepping aside to face the allegations, he probably would now have the benefit of doubt and the safety of the judicial system to ensure fair hearing. Onnoghen’s seeming crisis of honour and lack of self respect has led to the degeneration of this matter into a full blown constitutional crisis. Other not-too-palatable decisions have been made by the executive arm of government, but an honourable self recusal by Onnoghen could have tempered the storm and minimised the backlash.

    With his administration’s record of disregarding court orders, and other procedural oversights, the nation will find it difficult to accept President Buhari’s reliance on the one court order that should not have been followed. His decision may help to strengthen the theories about ulterior motives for the move against Onnoghen at this time. In any case, even if the law had been followed to the letter and the NJC’s go-ahead had somehow been obtained to prosecute the CJN, bringing it at this time would have still been met with suspicion and criticism, casting negative light on the coming elections, as has now happened. The bulk of the criticism should go to the president’s advisers, including the Attorney General, Abubakar Malami, the chairman of the Presidential Advisory Council on Anti-Corruption, Prof. Itse Sagay and the vice-president, Yemi Osibajo, a Senior Advocate, who was probably on a “toilet break” when the decision on Onnoghen was made.

    With Donald Trump’s pandering to his far right core support base and Theresa May’s obstinate mission for a hard Brexit (even with the very close Brexit referendum result), it appears true statesmanship and compromise in politics has been lost with the times. In Nigeria, President Buhari’s anti-corruption fight, which is allegedly chequered by politics, seems to be poised to consume his government. It is a damn-all-consequences crusade that lacks the delicate touch that, thankless as it may be, must be applied in a society such as ours. For the sake of peace, a quiet and private audience with the CJN, intimating him of the findings against him, with irrefutable evidence, could have induced a voluntary resignation, in return for the protection of his dignity.

    The president’s advisers, whether it be the so-called cabal we keep hearing of or some other rabble rousers in his inner circle, may have goaded him into this path that may affect his chances at the elections. It can also potentially lead to more undesirable consequences that could have been avoided. The presidency may have made an unpopular move to satisfy a popular hunger. With the CCT case now adjourned indefinitely, post-suspension, this week will be revealing on the next chapter of this saga, and one fears it is far from over.

    In the end, this is not a matter of gates. It is a constitutional crisis, bordered by disappointing ethnic issues and good old national distrust. There is still an unflattering leeway out of this; for the presidency to admit it’s indelicate handling of the matter and revert to the NJC. The CJN also still has the opportunity to muster some courage and accept his suspension or reaffirm it by announcing his own desire to stand aside to vindicate himself or accept punishment.

  • Updated: NJC queries Onnoghen, Muhammad

    The National Judicial Council (NJC) rose from its emergency meeting a moment ago with a decision to allow suspended Chief Justice of Nigeria (CJN) and the acting CJN, Justices Walter Onnoghen and Ibrahim Tanko Muhammad seven days to respond to petitions pending against them.

    The petition against Onnoghen relates to the allegation of violation of the code of conduct for public officers in relation to his alleged failure to declare his assets.

    The petition against Muhammad relates to his alleged misconduct in allowing himself to be sworn-in in manner that breach existing law, tradition and constitutional provisions.

    NJC’s Director, Information Soji Oye, said, in a statement that the council also elected to refer petition against CCT Chairman, Danladi Yakubu Umar to the Federal Judicial Service Commission (FJSC).

    It was learnt that Onnoghen and Muhammad were absent from the meeting, which was eventually chaired by retired Court of Appeal President, Umaru Abdulahi.

    The case against Umar, The Nation learnt, relates to his alleged abuse of judicial authority of breach of constitutional provisions by the orders he made in the course of proceedings in the charge against the suspended CJN.

    One of such orders is where the CCT rejected to be bound by orders given by High Courts, directing it to stay proceedings.

    Another is the ex-parte order the CCT made, on which President Muhammadu Buhari claimed to have relied in suspended Onnoghen and inaugurated Muhammad in acting capacity.

    It was also learnt that the NJC chose to abridge the usual 14 response time to seven, in view of the weighty issues involved in the petitions against Onnoghen and Muhammad.

    NJC adjourned to reconvene on February, 11 this year.

    Read Also; Onnoghen: NJC members in move to save Judiciary

    The statement reads: “The National Judicial Council held an Emergency Meeting today and considered four (4) petitions filed at its Secretariat. The petitions are:

    “Petition against Hon. Mr. Justice W.S.N. Onnoghen, GCON by Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education;

    “Petition against Hon. Mr. Justice Ibrahim Tanko Muhammad, CFR by Centre for Justice and Peace Initiative;

    “Petition against Hon. Mr. Justice Ibrahim Tanko Muhammad, CFR by Olisa Agbakoba, SAN, OON; and

    “Petition against Hon. Danladi Yakubu Umar, Chairman, Code of Conduct Tribunal by Centre for Justice and Peace Initiative.

    “Council referred the petition against Hon. Danladi Yakubu Umar to the Federal Judicial Service Commission (FJSC) which is the appropriate constitutional body empowered to deal with it.

    “In line with its procedure, Council also forwarded the petitions against Hon. Justices W.S.N. Onnoghen, GCON and I. T. Muhammad, CFR to them for their responses.

    “In view of the gravity of the matters involved, Council abridged the usual response period from fourteen (14) to seven (7) working days for the Hon. Justices to respond.

    “Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I.T. Muhammad, CFR recused themselves from the meeting. Consequently, Council elected Hon. Mr. Justice Umaru Abdullahi, CON, former President of the Court of Appeal as Interim Chairman to preside over the meeting.

    “Council will reconvene on the 11th February, 2019.”

     

     

  • Onnoghen: Nigeria now a full-blown dictatorship – Dogara

    The Speaker of the House of Representatives, Hon. Yakubu Dogara has flayed the Buhari regime for what he called the unconstitutional suspension of the Chief Justice of Nigeria (CJN), Walter Onneghen.

    According to Dogara, President Muhammadu Buhari has served the world with notice that Nigeria is now a full-blown dictatorship.

    The Speaker, in a statement he signed himself further stated:

    “This did not come as a rude shock except to those that have been blind to the gradual but progressive erosion of democratic values in the polity as President Buhari’s Government has never hidden its disdain for the rule of law.

    “We have watched in disbelief as the Government recklessly deploys institutional prerogatives; routinely flouts the rule of law; subverts and assaults democratic Institutions; refuses to accept opponents as legitimate; suppresses citizens civil liberties (especially those of opponents) and trample underfoot the media.

    “In short, the Government’s tyrannical and authoritarian credentials are loathsomely legendary.”

    Dogara noted that no provision in Sections 157 and 292 of the 1999 Constitution as amended supports the President in purporting to suspend the CJN or swearing in an acting CJN.

    “The whole idea of a limited government is that the President’s powers is limited by law and it is ultra vires his powers to act in the absence of explicit legislative authorization. That is representative democracy at its best which our 1999 Constitution as amended guarantees.

    “It is instructive to note that our Constitution does not contemplate or presupposes a situation whereby the Judiciary will have a suspended CJN and an acting CJN at the same time.

    Read Also: NASS don’t hate President Buhari – Dogara

    “Therefore, it is right to posit, as some have done that the President now has his own Chief Judge to do his bidding while Nigeria has a sitting CJN until he is removed in line with the provisions of the Constitution.

    “The awfully crude annexation of the judiciary by the President in violation of his oath of office and the Constitution cannot be for any other reason except, as alleged by so many, to prepare the judiciary ahead of time for the purpose of conferring some aura of legitimacy to the contraption that the 2019 general elections may after all become.

    “I therefore call on the President to remember that he has no better legacy to bequeath other than a good name: which cannot be achieved without honour, character and integrity.

    “Honour and integrity demand that he upholds his oath of office by reversing this assault on our Constitution and following the manifestly clear and unambiguous constitutional procedure for the removal of the CJN if he must be removed. Anything short of this demeans all of us.

    “To our citizens, we must now head the warning of the Irish lawyer cum orator, John Philpot Curran who said, “the condition upon which God had given liberty to man is eternal vigilance: which condition if he breaks, servitude is at once the consequences of his crime, and the punishment of his guilt”. Despotism can only prosper in Nigeria if good men and women do nothing.

    “I also call on all lovers of freedom and democracy all over the world to rise to the occasion and demand of this Government and the President to halt the march to anarchy and bedlam: which dictatorship promotes. The world has an experience in this and it must not allow this unmitigated disaster on Nigeria  before it acts to restore sanity.

    “As of today, Nigeria is now Germany in the wake of the 1933 Reichstag fire. Our democracy is on fire; ignited by the very people who swore to protect and defend it. That this fire must not convert the Chancellor to Fuhrer as it happened in Germany in 1933 depends on our collective response and that of the international community.

    “We must not bow our knees to dictatorship: not now, not ever again,” Dogara said.

  • Breaking: FG suspends Onnoghen

    The Federal Government ( FG )on Friday suspended the embattled Chief Justice of Nigeria (CJN), Walter Onnoghen following the order of Code of Conduct Tribunal of January 23rd.

    According to the Federal Government, the suspension stands till the conclusion of his trial at the Code of Conduct Tribunal.

    To replace him, President Muhammadu Buhari on Friday swore in acting CJN in the person of Justice Ibrahim Tanko Mohammed from Bauchi State.

    Read Also: I’ve not resigned, says Onnoghen

    He was conveyed to the Presidential Villa at about 4:30pm in a black Mercedes Benz C240 with number plate GWA: 900FA.

     

    Details later...

  • Breaking: I’ve not resigned, says Onnoghen

    Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has put a lie to the speculation that he has resigned.

    Justice Onnoghen has scheduled the swearing-in of members of the 2019 National Assembly, Governorship & State Assembly Election Petition Tribunals for January 26 (Saturday).

    The CJN’s spokesman, Awassam Bassey made this public in a brief statement on Friday morning.

    Bassey described as “fake news” the speculation that Justice Onnoghen has resigned.

    He said: “There’s absolutely no truth in the rumours making the round that the Hon. Chief Justice of Nigeria, His Lordship Hon. Mr. Justice Walter Samuel Nkanu Onnoghen, GCON, has resigned his office. It is fake news!

    Read Also: Onnoghen reaffirms commitment of judiciary to ensure justice, peace

    “The Hon CJN was in the office all through yesterday and sat in court.

    “As part of his duties, the Hon CJN will be swearing in members of the 2019 National Assembly, Governorship & State Assembly Election Petition Tribunals tomorrow (Saturday 26th January 2019).

  • CJN’s trial: CCT suspends proceedings for ruling

    Proceedings before the Code of Conduct Tribunal ( CCT ) in relation to the non-assets disclosure charge against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has been suspended for one hour.

    This is to allow the three-man panel of the tribunal to consider arguments by lawyers to parties in the case.

    The prosecution team was led by Aliyu Umar (SAN), while the defence team was led by Wole Olanipekun (SAN).

    The prosecution wants the court to proceed with the hearing of the case and ignore the restraining orders by three High Courts, on the grounds that such High Courts do not have supervisory powers over the CCT.

    The defence is asking the tribunal to obey the four restraining orders so far made against it by the High Courts and respect judicial hierarchy since the Court of Appeal has fixed a date for hearing in an appeal by the CJN.

    Read Also: Alleged non-disclosure of assets: Again, CJN shuns CCT

    It wants the tribunal to adjourn sine die (indefinitely) pending the determination of the various cases before the High Courts (filed by some civil society organisations) and the appeal by the CJN.

    The tribunal is expected to give its ruling when proceedings resume any moment from now.

     

    Details later…

  • Alleged non-disclosure of assets: Again, CJN shuns CCT

    *Prosecution seeks interim order against CJN

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen again, stayed away on Tuesday from the proceedings of the Code of Conduct Tribunal (CCT) where he is the defendant in the charge of non-assets disclosure.

    This is the second time the CJN would shun proceedings at the tribunal, where the prosecution had planned to commence his trial.

    Justice Onnoghen , first stayed away on January 14 this year, when the case was first mentioned.

    The CJN, whose legal team is led by former President of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN), again stayed away today and asked the tribunal to adjourned indefinitely pending the determination of his appeal now pending before the Court of Appeal, Abuja.

    The Prosecution, led by Aliyu Umar (SAN), said although he has the power, under Paragraph 6 of the Code of Conduct Practice Direction, to apply that a bench warrant be issued against Onnoghen, he will not make such a request against the CJN.

    He, however, urged the tribunal to exercise its power by making an interim order. He was silent on what the interim order should be directed at.

    Proceedings at the CCT is still ongoing.

    Details soon.

    Read Also: SANs and Onnoghen circus

    The CJN is absent from Court but prosecution and defence counsels are present.

    Details Soon….

     

  • CJN and elite bully tactics

    The other day, Daily Trust broke, on its front page, complete with battleground map, a secret Baga counter-attack plan, against Boko Haram.

    The military, with other security agencies, promptly raided the Trust premises.

    Reacting to the outrage – which indeed, it was – a top editor howled: the military, invading a newspaper house, in 21stcentury Nigeria, under a democracy!

    Splendid!  But why his loud silence on the newspaper’s counter-outrage: the reckless publication of combat information, which could alert the enemy, lead to needless casualties and jeopardize the country’s security?

    It was a perfect emotive whoop, complete with cynical and ruthless card-stacking.  The military were the villains – to be sure! — for not following “due process”, in a democracy.

    Much more: it was a signal for the “media rights” herd to bleat, hoot and roar; and drown the republic with a hubbub of own perspective – simply because they could and would!  Call it the media’s democratic right to self-help!

    But if that was the regnant illogic, why then blame the military too, for raiding Trust – simply because they could and would?  Or is one self-help any less democratic than another?

    Welcome to Nigeria, the republic of elite bullies!  Beyond that, nothing else matters – no shared values, no grand ethos, just elite waywardness!

    That same elite conceit now drives the Nigerian Judiciary, even as it faces its direst catastrophe ever – calling to rude question, the integrity of Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen.

    And how did the flower of the Bar – and probably the Bench, since those are not easily quotable – react to that stain?  Pushing forth a clatter of technicalities – simply because they can and they will!

    In a scandal that is easily a record, even with Nigeria’s cascade of chartered sleaze in the public space, CJN Onnoghen is accused of not declaring all his assets.

    The jurist has not denied those grave charges.  All he reportedly said, in response, was that he forgot to declare some of them – among those three bank accounts: a trove in foreign currencies, thus naturally fuelling suspicions, in a country that thrives on conspiracy theories.

    Given the sacredness of his office, the CJN would appear mortally wounded; if not outright destroyed.

    In that famous Caesar-speak, he is not Caesar’s wife that must not only be above board but be seen as so.  He is the very Caesar, whose conduct must be absolutely unimpeachable.

    In any case, that is society’s expectation of the Judiciary – and CJN is head of that hallowed chamber.

    But why these superhuman expectations, when the CJN, leading other judges, is just a mere mortal and fellow citizen?  It is because judges enjoy super-human reverence and privileges.  When any citizen appears before their courts, they become Their Lordships, even in a full-fletched republican democracy!

    This reverence is less because of their profundity in scholarship, though lawyers often claim sole monopoly to learnedness, when they bristle with procedures; and ripple with arcane legal technicalities.

    It is rather because piety and the most rigorous of ethical behaviours are presumed an integral part of the Judiciary, at the apex of which nestles the immaculate Lord CJN.

    So, when the CJN faces a dire integrity question – as it would appear in the present case – you just remember the Parson’s value lament, in Geoffrey Chaucer’s Prelude to Canterbury Tales: “If gold rusts, what will iron do?”  That is the hole the judiciary has found itself.

    The mere shame of it all ought to have struck everyone dumb.  Polite society, gravely led by the CJN himself, ought to have embarked on a judicial Operation Shock and Awe to sanitize the judiciary, after the CJN had quit without much ado.

    But what do we have?  Senior lawyers, rallying their junior ones, rattle with grating technicalities.

    True, law qua law, of which they are grandmasters, you probably cannot fault their triumphant finality: “the law is the law.  If you don’t like it, change it.  But until then, that’s all we have and that’s all we’d work with”!

    Still, in their self-serving, all-knowing clatter, they appear blind, deaf and dumb to other citizens’ basic sense of right and wrong; and whose plebeian noses get assailed by a thick stench, oozing from the supposed sacred temple of justice.

    Tragically, as this posturing heightens, the Judiciary sinks deeper into infamy, no one could have contemplated in 2007, when out-going President, Olusegun Obasanjo, broke all previous records in electoral infamy, with his “do-or-die” electoral heist!

    And irony of ironies!  The same Obasanjo, who procured a certain Maurice Iwu for his grand election steal, is now writing a sterile rigmarole, casting aspersions on the current INEC!  Laughable, isn’t that?  But that’s story for another day.

    Back in 2007, when former CJN Muhammadu Lawal Uwais, proposed the CJN should sit-in-council with NJC to nominate the electoral chief, many thought it was a brilliant idea.  Indeed, such was the high faith that not a few even clamoured that the president should cease that power to the CJN.

    Barely 11 years later, that very suggestion appears utterly ludicrous.

    First, it was CJN Alloysius Katsina-Alu (now dead) that unconscionably gamed Justice Ayo Salami, for upholding the law on electoral matters; and railroaded the NJC into rubber-stamping that crap.

    Now, it’s CJN Onnoghen, caught in a messy asset non-declaration blot.

    In-between, it was a slew of justices, some of them from the Supreme Court, caught with allegedly questionable assets.  They were neither found guilty nor innocent.

    It’s a measure of how the glory is vanished from Nigeria’s Judiciary that the best senior lawyers could essay, in their CJN rally, was ratchet up hollow procedure, used to spring those justices from their jam — not some definitive push for his integrity.

    How are they so blest!