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Tag: Danladi Umar

  • CCT Chair truly answerable only to Presidency, says NBA

    …..Pleads with FG to stop Onnoghen’s CCT trial

    The Nigerian Bar Association (NBA) said on Tuesday that it agreed with the argument by the Chairman of the Code of Conduct Tribunal ( CCT ), Danladi Uma that he and his tribunal were not answerable to the Judiciary, but the Presidency.

    NBA, in a statement issued on Tuesday by its President, Paul Usoro (SAN), said Umar was correct in that argument, but contended that the fact that the CCT was under the control of the Executive informs the urgent need to discontinue charge of breach of code of conduct pending against the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen before the CCT.

    It said: “the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission (FJSC) states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the council.”

    NBA’s new intervention in the case is coming a day before the resumption of proceedings in the case before the CCT.

    The Chairman of the CCT, Danladi Umar had, at the last proceedings on February 4 this year, insisted that Onnoghen must appear before the tribunal in person before any further businesses could be conducted in the charge pending against him (Onnoghen).

    Umar gave the directive shortly before agreeing to the request by parties for adjournment to February 13.

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    Read Also: Onnoghen to CCT chair: you’re a biased, tainted arbiter

    Also on Tuesday, the Court of Appeal in Abuja failed to hear the three appeals filed suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The appellate court had in late January adjourned on February 12, 2019 for the hearing of the appeals

    But, when lawyers to parties got to court on Tuesday, the court could not form quorum (of three Justices) for the purpose of hearing the appeals.

    Parties were told to await information, on a later date, on when the hearing is to be rescheduled.

    The appeals are against the decisions of the Code of Conduct to assume jurisdiction over the charge pending against Onnoghen and the ex-parte injunction granted by the CCT, and on which President Muhammadu Buhari acted to suspend Onnoghen.

    The statement by the NBA reads: “Ahead of the adjourned proceedings in the above-named matter before the Code of Conduct Tribunal (“CCT”), scheduled for tomorrow, February 13, 2019, the Nigerian Bar Association again urges the Executive arm of the Federal Government of Nigeria (“FGN”) to discontinue this Charge against the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”) for the following reasons, amongst others:

    “First, as widely reported, one of the two petitions against the CJN that is currently before the National Judicial Council (“NJC” or “Council”) is an exact replica of the petition that motivated the CCT Charge.

    “The second petition was reportedly presented by the Economic and Financial Crimes Commission (EFCC), an FGN agency. We commend the FGN for adhering to due process by submitting the EFCC petition to the NJC for consideration.

    “In like manner and in adherence to the law and due process, we urge the FGN to discontinue the CCT Charge and allow the NJC consider the initial petition which, as widely reported, has already been responded to by the CJN.

    “Second, the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission, states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the Council.

    “Third, and complementary to the two points afore-stated is the fact that the spectacle of having our CJN, while still holding that title, in the dock before the CCT or any other court, truly diminishes all of us, not least the Executive arm of the FGN.

    “The NJC process allows an initial determination to be made on the petitions against the CJN and if His Lordship is found liable or wanting howsoever, appropriate sanctions would be imposed by the NJC including recommendation for his dismissal or retirement.

    “In that event, he would no longer hold the office or title of CJN and could be prosecuted for any criminal infraction before the CCT or any other Court.

    “An insistence on the CCT prosecution paints a picture of persecution of the CJN by the Executive and such a spectacle in no way ennobles the FGN Executive arm and/or its officials. Such a scenario should be avoided by all means.

    “Given these non-exhaustive considerations and facts, we press on the Executive arm of the FGN to please discontinue the Charge against the CJN when the matter comes up before the CCT tomorrow, Wednesday, 13 February 2019.

    “We respectfully urge full compliance with due process by FGN in this matter by allowing the NJC process to take its course in respect of the two petitions against the CJN – a step that has already, commendably, been embraced by FGN in respect of the EFCC petition.”

  • Onnoghen to CCT Chairman: Why I can’t appear before you

    …Says he is a biased, tainted arbiter

     

    Suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has told the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar that he cannot stand appear before him (Umar) for trial because he has by his conduct and utterances, demonstrated that he was a biased and tainted arbiter.

    Onnoghen, who argued, among others, that justice is rooted in confidence, said he has no confidence in Umar’s capacity to do justice in his case. He accused Umar of being the sole mind behind the ex-parte order on which President Muhammadu Buhari acted to suspend him.

    Read Also:CCT insists on Onnoghen’s appearance

    The suspended CJN, who described Umar as “a tainted arbiter” by virtue of the charge filed against him by the Economic and Financial Crimes Commission (EFCC), “for receiving money bribe in the sum of N10, 000,000.00 in charge No: CR/109/18 in FCT High Court,” argued that it was impossible for the CCT Chair to act with a fair mind.

    Onnoghen therefore asked Umar to disqualify himself in respect of the non-assets declaration charge pending against him (Onnoghen) before the CCT.

    The suspended CJN made this argument in a motion filed for him on Monday by a team of lawyers led by Chris Uche (SAN).  The content of the motion seems a direct response to the directive given, on February 4 this year, by the CCT Chairman, to the effect that Onnoghen must attend the next proceedings at the CCT for him to be arraigned on the charge pending against him.

    The motion on notice particularly, prayed the tribunal for an order directing “the honourable Chairman of the tribunal, Honourable Danladi Umar to disqualify/recuse himself from further participating in the adjudication of this case on the ground of real likelihood of bias.”

    The grounds on which the prayer is made, include that “the Chairman has constructively convicted the defendant (The Honourable Chief Justice of Nigeria) sought to be arraigned before him without either hearing from him or his being formally arraigned before him.

    “The Chairman authored and signed an ex parte order directing an un-convicted man to step aside on account of a charge not yet before him as the Chief Justice of Nigeria, which is in itself a conviction prior to arraignment and plea/trial.

    “The Chairman had directed the Executive arm of government, contrary to the express provision of the Constitution of the Federal Republic of Nigeria and without reference to the National Judicial Council, the replacement of the office and role of the Chief Justice of Nigeria by his own nominee and appointee in the person of Hon Justice Ibrahim Tanko Muhammad JSC.

    “The Chairman, on 23th January, 2019, entertained a motion ex-parte not moved by any known prosecutor, bearing the same title, charge number and purported accused person/defendant, Hon justice Waiter Samuel Onnoghen, CJN, GCON, dated 9th January 2019, which substantially predetermined the guilt of the defendant, without an arraignment.

    “Consequent upon the above, the learned Chairman (Hon. Danladi Umar), who purportedly moved, made and signed the order, has put himself in the position of prosecutor, judge and jury to the clear prejudice and bias against the defendant.

    “The learned Chairman of the Code of Conduct Tribunal (Hon. Danladl Umar) is a tainted arbiter by reason of a criminal charge at the Instance of Economic and Financial Crimes Commission (EFCC) for receiving money bribe in the sum of N10, 000,000.00 in Charge No: CR/109/18 in FCT High Court by an organ under the supervision of the office of the Honourable Attorney General of the Federation, incidentally the prosecutor and complainant in this matter.

    “With such sword of Damocles hanging over him, and himself not just recusing himself from a quasi-judicial function, is himself not likely to be a fair arbiter, but instead more likely to trade in the charges against him in quasi plea bargaining in the charge against him and enter summary conviction in this proceedings to please the prosecutor.

    “Various comments and decisions/orders made by the Honourable Chairman of the tribunal clearly demonstrate beyond doubt that the Chairman of the tribunal had inclination or predisposition to decide the case in a certain pre-arranged manner without regard to any law or rules of procedure.

    “In the course of the proceedings of this case, the honourable Chairman of the tribunal showed acts of partisanship by making decisions/orders and expressing opinions antagonistic to the applicant and on the other hand demonstrated favourable dispositions towards the respondent.

    “The partiality of the honourable Chairman of the tribunal is not in doubt as there are manifest cases of real likelihood of bias on the part of the Chairman of the tribunal against the applicant by reason inter alia of the disclosures above.

    “The applicant has no confidence in the honourable Chairman of the tribunal to do justice fairly between parties in this case. as he is a man on a mission to please his masters.

    “In spite of the fact that the attention of the tribunal was drawn to four different orders of court, the Chairman, in ruling, abandoned two of the orders and kept on emphasizing on the orders from the Federal High Court and the F.C.T High Court alone supported by Member ll.

    “The tribunal has by the conduct, comments and pronouncements of the Chairman on the 14th of January, 1019 and supported by Member II on the 22nd January, 2019 has predetermined the motion of the defendant, challenging its jurisdiction before even same can be heard.

    “After the rulings of  the 22nd January, 2019, the counsel to the prosecution, again urged the honourable tribunal to make an interim order for the defendant to step aside as the Chief Justice of Nigeria and chairman of the National Judicial Council, but the Chairman of the tribunal in open court stated that the prosecutor should exercise patience, because his motion on notice for stepping aside would be heard at the next adjourned date, which caused all lawyers and members of the public present in court to exclaim in bewilderment before the honourable Chairman struggled unconvincingly to correct himself to the effect that what he meant was for the motion challenging jurisdiction be taken first and thereafter the motion for stepping aside.

    “The honourable Chairman later rightly informed the prosecution counsel, in open court, that he was not going to make any interim order for the defendant to step aside, because the issue of jurisdiction raised was fundamental and then adjourned the matter to the 18th January, 2019 for the hearing of motions.

    “Surprisingly, on the 23rd of January, 2019, a day after the proceedings of 22nd January, 2019, wherein matter was adjourned to the 28th January, 2019, the Chairman and Member 11 purportedly issued an order ex-parte, directing the defendant to step aside as the Chief Justice of Nigeria and Chairman of the National Judicial Council and also directed the President of the Federal Republic of Nigeria to swear-in the most senior Justice of the Supreme Court as the Chief Justice of Nigeria and Chairman of the National Judicial Council.

    “The Chairman and Member II of this tribunal gave the prosecution/complainant/respondent, through the back door, what they seek by their notion on notice dated 10th January, 2019. Following the said order ex-parte, which was never served on the applicant or the National Judicial Council, the President purportedly suspended the Defendant/Applicant from office on the 25th of January, 2019 and appointed Justice Ibrahim Tanko Muhammad as the Acting Chief Justice of Nigeria and Chairman of the National Judicial Council.

    “There is a clear case of bias against the Defendant/Applicant from the facts narrated above. The defendant/applicant has become totally apprehensive of the proceedings of the honourable tribunal and cannot continue in the proceedings because it has become palpable that he cannot get justice from the conduct and disposition of the Chairman and Member II.

    “The honourable tribunal, especially the Chairman, has constituted himself as the prosecutor and accuser of the defendant/applicant and cannot in good and clear conscience continue to be part of the proceedings and trial of the applicant.

    “It is most honourable for the honourable Chairman and Member II to recuse and disqualify themselves from the proceedings so that a person of firm and unbiased disposition can be appointed to preside over the proceedings of this matter.

    “The Chairman has constructively convicted the defendant (the Honourable Chief Justice of Nigeria), sought to be arraigned before him, without either hearing from him or his being formally arraigned before him.”

  • Updated: CCT Chair insists on Onnoghen’s appearance

    *Adjourns to February 13
    *Appeal Court to hear adjourns to Feb 12

    The Chairman of the Code of Conduct Tribunal ( CCT ), Danladi Umar has insisted that the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen must appear before the tribunal in person before any further businesses could be conducted in the case pending against him (Onnoghen).

    Umar gave the directive at the resumption of proceedings in the case on Monday, shortly before agreeing to the request by parties for adjournment to February 13.

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    The suspended CJN is accused of violating code of conduct for public officers by allegedly failing to declare some of his assets.

    At the commencement of proceedings on Monday, an official of the tribunal noted that the defendant was absent.

    Lead prosecuting lawyer, Aliyu Umar (SAN) said the case was adjourned to February 4 for the arraignment of the defendant and the hearing of pending applications.

    Lead defence lawyer, Adegboyega Awomolo (SAN) said he had a discussion with the prosecutor to allow his application for adjournment in view of some recent developments in the case.

    Awomolo said: “We filed a process this morning, indicating that the Minister of Justice and Attorney General of the Federation (AGF) forwarded a petition to the National Judicial Council (NJC). It is the same petition that was forwarded to the Code of Conduct Bureau (CCB) that founded the complaint before this tribunal.”

    He added that the NJC has, in the exercise of its powers, forwarded the petition to the suspended CJN for his comment within seven days. He noted that the seven days, given Justice Onnoghen to respond to the petition, will lapse on this Wednesday.

    Awomolo expressed optimism that the NJC will meet shortly after receiving Justice Onnoghen’s and take a position on the issue.

    Read Also: CCT serves Onnoghen trial notice

    He added: “Our application is that the proceedings be further adjourned to prevent the defendant from suffering double jeopardy. Parties are ready to argue the pending applications, but in the interest of justice and due process, we seek an adjournment to enable the NJC take a decision.

    “No harm will be done to the rest. The integrity of this tribunal will be enhanced if this application is granted and the NJC will be afforded time to take a decision in this matter,” the defence lawyer said.

    Awomolo said an adjournment will prevent a situation where the defendant is made to suffer double jeopardy.
    Responding, Umar admitted engaging in discussion with Awomolo before the tribunal commenced its sitting.
    Umar said he was not opposing an application for adjournment, but that his decision to agree to the defence’s request for adjournment was not because the AGF has forwarded the same petition to the NJC.

    The prosecution lawyer hinted about the possibility of the charge being withdrawn by the AGF, in the exercise of his power. He said it was within the discretion and power of the AGF to discontinue the proceedings.

  • BREAKING: CCT Chair insists on Onnoghen’s appearance

    The Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar has directed the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to appear before the tribunal in person before any further businesses could be conducted in the case pending against him.

    Umar gave the directive at the resumption of proceedings in the case on Monday, shortly before agreeing to the request by parties for adjournment to February 13.

    Read Also: BREAKING: CJN at CCT: proceedings suspended abruptly

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    Details later.

  • Pro and anti- Onnoghen protesters rock Abuja

    Both pro and anti- Onnoghen protesters on Monday clashed at the National Secretariat of the Nigeria Bar Association(NBA) disrupting the planned meeting of the association aimed at taking a position in the suspension of the Chief Justice of Nigeria, Walter Onnoghen by President Muhammadu Buhari.

    Street Urchins apparently hires to disrupt the meeting stormed the venue of meeting located in the central business district of Abuja made it almost impossible for those against the suspension to air their view as they continuously shouted Ba maso, Ba maso, Onnoghen must go among others.

    For about three hours vehicular activities was disrupted by the protesters making it impossible for lawyers who were supposed to be part of the meeting to come for the meeting, while those who came for the meeting were seen hanging around discussing in low tone.

    The handful of Security men deployed to keep the peace had a hectic time trying to control the urchins and prevent them from attacking the lawyers present, while some of them accused the media of taking side with the lawyers and not reporting their activities.

    National Coordinator of the Advocacy for Civil Service and Justice, one of the groups protesting at the NBA secretariat, Giwa Victor said they were not against the prosecution of Justice Onnoghen but insisting that due process must be followed in handling the issue.

    He said: “We are not saying that Justice Onnoghen is not corrupt, we are not saying that he should not be removed or prosecuted. What we are.saying is that due process should be followed and the petition against him should be sent to the NJC for action. There is no law in the land that vest the President with the power to suspend the CJN. Due process has to be followed”

    Co-Conveners of the National Interest defenders, Ikenga Imo Ugochiyere who condemned the action of the President said the say marks the beginning of civil action by Nigerians to reclaim theircountry from the grip of thise who have treated “the constitution with disdain, our principles of Constitutional governance with scorn and our democratic ethos with contempt and derision.

    He said It is shameful that President Muhammadu Buhari relied on and used a forged and fictitious Tribunal Order to purport to suspend the Chief Justice of Nigeria and appoint a factional Chief Justice while knowing that the Order was forged and fictitious.

    He said: “Nigerians will recall that the Petition served on the Code of Conduct Bureau against the Chief Justice of Nigeria was received by the Bureau on the 9th January, 2019. The Purported Tribunal Order on which the President claimed he relied upon is also dated the same 9th January, 2019.

    “The Motion on Notice seeking the same prayers as the Purported Motion Exparte is dated 10th January, 2019, the Charge filed was dated 10th January, 2019 while the statement of the Chief Justice of Nigeria in answer to the petition was on the 11th of January, 2011.

    Read Also: Onnoghen suspension: APC senators red alert

    He accused the President of violating the constitution he swore to uphold, an action he said amounts to gross misconduct and it most certainly warrants his removal Of Office and asked the National Assembly to, as a matter of urgency, national importance and patriotism, commence without any delay the impeachment process of the President.

    He called on the Nigerian Bar Association and the National Judicial Council NJC not to allow this impunity to stand, describing the swearing in of a factional CJN called Tanko Mohammed was an act of treason , the Tribunal order purportedly used was a forged document issued by Danladi Umar and backdated to even a date before the main charge was filed.

    He said “the NJC and NBA must order the shutdown of the courts until the illegal suspension of the CJN is lifted and the impostor CJN justice Tanko Mohammed made to vacate the office. The NJC must expel Justice Tanko Mohammed from the bench for accepting an illegal appointment in violation of the constitution and the NJC rules of engagement, The NBA must direct lawyers to boycott the Code of Conduct Tribunal presided over by Danladi Umar until disciplinary action is served on Umar for issuing a fake order that paved the way for impunity.

    “We however remind Justice Tanko Mohammed that he risks spending some time in jail as any attempt to parade himself as the factional CJN will be in contempt of a live and valid order of the Federal High Court and we shall not hesitate to proceed against him in contempt.

    “The National Assembly should also immediately commence action for the removal from office of the Chairman of the Code of Conduct Tribunal, Mr. Danladi Umar, who having criminal charges against him and still sits in office dumped Nigeria in a state of constitutional hiatus by criminally ordering the removal of the Chief Justice of Nigeria.

    “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.

  • Breaking: Onnoghen: CCT adjourns trial indefinitely

    The Code of Conduct Tribunal (CCT) has adjourned indefinitely, proceedings in the case against the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Tribunal Chairman, Danladi Umar announced the adjournment on Monday. He said the tribunal wishes to await the decision of the Court of Appeal, Abuja in a motion for stay of proceedings filed by the CJN and on which arguments were taken on January 24 this year.

    Read Also: Lawyers protest Onnoghen ’s suspension

    Umar said the adjournment was in obedience of the interim order of stay of proceedings made on January 24 by the Court of Appeal.

    The tribunal commenced sitting today at 11 am, as against the usual practice where the tribunal sits by 10am.

    Details later…

     

  • CISS finally breaks silence on suspension of CJN, backs Buhari

    The Centre for International and Strategy Studies, has finally broken its silence on the controversy trailing the suspension of Walter Onnoghen as the Chief Justice of Nigeria.
    CISS said the suspension of Onnoghen was a right step in the right direction, adding that the decision was to safeguard the integrity of the judiciary sector.
    There have been mixed reactions following the suspension of Onnoghen as the CJN over issue bodering on corruption.
    While some believe the suspension might have political undertones, others are of the opinion that the suspension was in order as no one is above the law.
     David Bamidele, President, CISS, while addressing a press conference on Sunday, said the suspension of the CJN, Justice Onnoghen by President Buhari in compliance with the order of the CCT was not only reasonable and timely, but necessary to salvage the partly battered image of the Nigerian judiciary.
    He also said the decision was to protect democracy from the class of the few bad characters in the judicial cum political system.
    “In a nation-wide address, the President explained that the decision to suspend Justice Onnoghen was spurred by the wisdom of the CCT,  the only  court which has the lawful mandate to pry into matters of alleged breach of Code of Conduct  prescribed for public officers, pending final determination of the charges  against him at the CCT.
    “About fortnight ago, Nigerians were assailed with the alleged breach of the Code of Conduct laws by the CJN through a petition signed by the Executive Director, Anti-Corruption and Research Based Data Initiative, Mr. Dennis Aghanya. According the petitioner, the NGO painstakingly investigated the CJN, which commenced about a year ago. The details of the alleged offences against the CJN are in public domain.
    “But suffice it to say, specifically, the suspended CJN allegedly operated and failed to declare or improperly declared three domiciliary accounts in Standard Chartered Bank with about $3million stashed in them among other charges.
    “The CCT chaired by Justice Danladi Umar began inquest into the allegations by dragging Justice Onnoghen before it for trial in consonance with the stipulations of the law. However, it elicited unnecessary disquiet and judicial ambush of the case, designed to frustrate the trial.
    “There have been frenzied unwarranted or cynical attacks or accusations of President Buhari by ethnic champions and political shenanigans’ and accomplices in the judiciary, who have conveniently ignored the provisions of the law.
    “The critics have found it more convenient to repress the fact of the suspended CJN’s own admission of committing a breach of the Code of Conduct law, which he casually explained it as “mistake or forgetfulness.”
    “Anywhere, the judiciary operates on the basis of law and all operators in the temple of justice ought to thrive on an unquestionable morality and integrity.
    “Where this is lacking as revealed by the preliminary findings of the Code of Conduct on the breaches by the CJN, democracy itself is threatened and it is a path to an inglorious abuse of the rule of law.
    “The few antagonistic to the suspension and trial of Justice Onnoghen are directly seeking a return to the rules of the jungle, where might and position of influence was a guaranteed license to indulge in all manner of unlawful acts unchallengeable.
    “But just last year, the CJN had the moral strength or authority   to preside over the alleged false assets declaration by the President of the Senate, Sen. Bukola Saraki when the Senator appealed several aspects of  his trial at the CCT.  Yet, the CJN had skeletons in his cupboard. This is an act that cannot be tolerated in any country.
    “The administration of President Buhari has made it clear from the outset that under his watch, such acts will not be condoned. And therefore, that the Head of the Nigerian judiciary is involved does not insulate him from the proper legal actions by virtue of his position as chorused by others.
    “The efforts of the present government to sanitize and rid the judiciary of corrupt officers shadowed since 2016 when the DSS arrested seven judges, including two Supreme Court judges for alleged corruption during a sting operation. The case of the suspended CJN, Justice Onnoghen is therefore not exceptional.

    Read Also:Onnoghen suspension: Senate heads for Supreme Court

    ‘The ordinary Nigerian has always craved to have a dependable judiciary; a true temple of justice, where all who approach it shall be entitled to equity and fair hearing; a where judgments’ would truly reflect the merits of the dispute before the court for resolution.
    “But sadly, much of  the uprightness  expected from the Nigerian  judiciary is a mirage, as attested in the quantum of petitions against  some judges to the National Judicial Commission (NJC).  In 2016, in the heat of the arrest and trial of some judges, the NJC disclosed that  808  Justices in Nigeria have been  petitioned by Nigerians over allegations of  corrupt practices and professional misconducts.
    ” It exposes the level of discontent in Nigerians over the operations of the judiciary and conduct of judicial officers. And it is unfortunate to understand the Number One Judicial officer in Nigeria is also embroiled in these sordid allegations.
    ” Nigeria is heading to its worse moments in drifting negatively. It is surprising that some accused persons who are arraigned in court approach other courts of even concurrent jurisdiction to obtain injunctions to halt such trials. And some presiding Judges go ahead in their wisdom to grant such frivolous injunctions.”

  • PDP disputes Osinbajo’s claim on Onnoghen’s arraignment

    The People’s Democratic Party (PDP) has disputed claims by Vice President Yemi Osinbajo that President Muhammadu Buhari was not aware of the plan to arraign the Chief Justice of Nigeria, Justice Walter Onnoghen.

    Justice Onnoghen was arraigned before the Justice Danladi Umar led Code of Conduct Tribunal on Monday on charges of asset declaration infractions.

    Speaking on the matter on Wednesday, Osinbajo said Buhari only got to know about plans to arraign the CJN on Saturday.

    In a statement Wednesday by the spokesman for the PDP, Kola Ologbondiyan, the main opposition party accused the Vice President of being economical with the truth.

    The party told Osinbajo that Nigerians are aware that there is no way such high level decision, like the arraignment of the Chief Justice of Nigeria in a court, would be taken without the awareness, input and clearance of Mr. President.

    Rejecting Osinbajo’s claims that the Federal Government was saddened by the development, the PDP challenged the Vice President to explain why Mr. President neither stopped the arraignment on Monday nor said a word on the matter since then.

    The PDP however said, if the avowal by the Vice President was true, then it confirmed the assertion that President Buhari is not in charge of governance but has outsourced the responsibilities of his office to unelected individuals, due to his incompetence.

    The party said: “Vice President Osinbajo’s assertion has also confirmed the claims by our First Lady, Aisha Buhari that a cabal has taken over the control of the Presidency, for which she forcefully called on Nigerians to take back their country.

    “The PDP notes the Buhari Presidency is only trying to sway public opinion on the matter following the outrage by Nigerians against the arraignment of the CJN.

    “The party urges all lovers of democracy and rule of law to continue to be on their guard in the defence of our nation against anti-democratic tendencies of the Buhari administration, particularly the clamp down on democratic institutions in our country”.

     

  • Bauchi State: CCT okays trial of Commissioner, 54 others

    Mr Danladi Umar, Chairman of the Code of Conduct Tribunal ( CCT ) has approved April 24 and April 27 for the arraignment of a serving Commissioner and 54 other public officers before him in Bauchi State.

    According to a statement by Mr Ibraheem AL-Hassan, Head, Press and Public Relations of the tribunal, the trial would be conducted at the state High Court Bauchi.

    The CCT said the routine inter-state became necessary in order to handle all pending cases brought to it by the Code of Conduct Bureau ( CCB ).

    The court said those to be arraigned for the alleged breached of code of conduct of public officers were both career and political office holders.

    Al-Hassan said the respondents included heads of federal, state and Local government Agencies, operating in the state.

    According to him, they include one serving commissioner, nine Senior Assistance operating from the office of Secretary to the Bauchi state government and three Personal Assistance to state Governor.

    Read Also: Troops kill 4, arrest 9 militiamen in Bauchi State

    Others, according to the spokesman of the tribunal, include four staff of the Nigeria Drugs Law Enforcement Agent personnel with a Commander operating in the state.

    Al-Hassan further listed Chief Superintendent of Custom and eight Police officers of different ranks in the state command to had allegedly breached the CCB’s Act.

    He said the aim of embarking on state’s trial was to bring justice to the door step of the defaulters spread across the country.

    “Also the itinerant session would serve as a means of reaching out to the state on the activities of the CCT.

    “It is our hope that this would serve as deterrent to other public servants who do not consider it necessary to promptly declare their assets’’, Al-Hassan said.

  • CCT halts Saraki’s trial to await Supreme Court’s decision

    CCT halts Saraki’s trial to await Supreme Court’s decision

    The Code of Conduct Tribunal (CCT) Thursday halted further proceedings in the false assets declaration trial of Senate President, Bukola Saraki to await the decision of the Supreme Court in pending appeals relating to the case.

    CCT Chairman, Danladi Umar announced an indefinite adjournment in the trial yesterday, which was earlier scheduled for parties to adopt their final written addresses.

    The CCT had earlier ended the trial abruptly when on June 14, 2017; it upheld the no-case submission made by Saraki, to the effect that the prosecution was unable to establish its case against him.

    Upon an appeal by the prosecution, the Court of Appeal, Abuja, in a judgment on December 12, 2017, partially set aside the CCT’s decision on Saraki’s no-case submission.

    The Court of Appeal upheld the CCT’s decision in respect of 15 out of the 18 counts contained in the charge against Saraki, on the grounds that the prosecution failed to establish a prima facie case to warrant the defendant to be called to enter his defence in relation to the 15 counts.

    In relation to the remaining three counts, the Court of Appeal held that the prosecution led sufficient evidence to establish a prima facie case against Saraki, and ordered him to enter his defence on the three counts.

    Saraki later appealed, at the Supreme Court, that portion of the Court of Appeal judgment ordering him to enter defence in relation to the three counts. He prayed the Supreme Court to restore the CCT decision, upholding his no-case submission.

    The prosecution cross-appealed, at the Supreme Court, the portion of the Court of Appeal judgment which voided 15 of the 18 counts in the charge against Saraki. It urged the Supreme Court to restore all the 18 counts and order Saraki to enter defence in respect of all the counts.

    Despite the appeals by parties, the CCT ordered the recommencement of Saraki’s trial on February 6 this year, during which the Senate President called his only witness and closed his case, following which the tribunal adjourned to February 27 for the adoption of final written addresses.

    The adoption failed to hold on February 27 because the defence, led by Kanu Agabi (SAN) prayed for time to file a response to the prosecution’s final address, which he said was served on his team late. The tribunal the adjourned to February 7.

    When parties got to the tribunal yesterday, Umar sought parties’ opinion on whether the tribunal could proceed with the trial in view of their appeals pending before the Supreme Court.

    In reaction, lead prosecution lawyer, Rotimi Jacobs (SAN), objected to the postponement of proceedings “in view of the position of the law today”.

    Citing Section of 306 of the Administration of Criminal Justice Act (ACJA), Jacobs said the provision enjoins the court not to entertain any application for stay of proceedings in a criminal trial.

    He noted that the Supreme Court has equally interpreted and upheld that provision of the ACJA in the case of Metuh and the Federal Republic of Nigeria.

    Jacobs argued that Section 305 of the ACJA, which the tribunal Chairman referred to, had to do with reference of an issue to a higher court.

    He noted that the appeals pending before the Supreme Court do not amount to referral.

    Jacobs added: “Assuming it has to do with reference, that section allows your lordship to go on.”

    He also drew the tribunal’s attention to a letter dated January 19, 2018, which Saraki wrote to the CCT asking for the trial to be suspended pending the determination of the appeals pending at the Supreme Court.

    On the letter, Jacobs argued that since the defence chose to proceed with the trial by calling its only witness on February 6, it was too late in the day for them to pursue the prayers contained in their letter dated January 19 and sent to the CCT.

    In a counter argument, Agabi noted that the question about the necessity of an adjournment pending the Supreme Court’s decision on the appeals by parties was the initiative of the tribunal and not the defence’s.

    Agabi noted that since both parties have pending appeals at the Supreme Court that relate to the trial, it was better to await the decision of the apex court on the matter.

    He also said the Supreme Court had on Wednesday invited parties to appear for the hearing of the appeals next Thursday, March 15.

    Agabi siad:”We must be mindful of the dignity of the Supreme Court.”

    On why the defence, chose to proceed on February 6 rather that pursue its earlier request for the suspension of the trial pending the Supreme Court’s decision, Agabi said: “You (the tribunal) summoned us here and we came here”. Since you said we should proceed we proceeded.”

    Agabi stressed the need to halt further proceedings in the trial in order not to jeopardise the appeals before the Supreme Court. He added:  “A right of appeal ought not to be unduly fettered.”

    Ruling, Umar noted that each of the parties has an appeal pending before the Supreme Court in relation to the trial.

    The CCT Chair in view of the right to fair hearing and the right of appeal, from lower court to appellate court, there was the need for the tribunal “to tarry awhile so that the integrity of the Supreme Court will not be played with.”

    He subsequently adjourned to await the outcome of the pending appeals at the Supreme Court.

    Read Also: CCT trial: Saraki closes case after calling a witness