- Lawyers divided over arrest order
After his failure to appear for alleged corruption
trial, the Code of Conduct Tribunal (CCT) has ordered the arrest of the
suspended Chief Justice of Nigeria (CJN).
Chairman of the CCT, Danladi Umar, asked security agents to “produce” Walter
Onnoghen on Friday for fresh hearings on the case.
The tribunal issued the warrant following an application by the government’s
counsel, who said Onnoghen was wrong to continue to shun court sittings to give
his plea.
Onnoghen’s lawyer Adegboyega Awomolo, had urged the tribunal to hear an
application challenging the tribunal’s powers to hear the case.
Onnoghen is accused of holding illegal foreign accounts and failing to fully
declare his assets.
President Muhammadu Buhari suspended Onnoghen in January over the allegations,
accusing him of abusing his office and manipulating the judiciary to shield
himself from trial.
The suspension has polarized the country along political lines, with the main
opposition party PDP and the Nigerian Bar Association (NBA) rejecting the move.
Some Western countries have also raised concerns about it, drawing the ire of the Nigerian government.
Meanwhile, constitutional lawyer, Chief Mike Ozekhome, has faulted the bench warrant issued by the Code of Conduct Tribunal against the suspended Chief Justice of Nigeria, Walter Onnoghen.
Ozekhome in a statement on Wednesday listed nine reasons the bench warrant issued against suspended Chief Justice of Nigeria, Walter Onnoghen by the Code of Conduct Tribunal is a ‘Trivialization of the judicial process’.
In a statement made available to newsmen on Wednesday and entitled ‘THE CCT’S BENCH WARRANT FOR THE CJN ONNOGHEN’S ARREST: CARRYING THE JOKE TOO FAR ‘, the senior advocate of Nigeria(SAN), condemned the bench warrant, describing it as a trivialization of the judicial process.
The statement read: “It’s quite saddening and abhorrent to hear that the CCT has issued a bench warrant for the arrest of CJN Walter Nkanu Onnoghen.
“For God’s sake, this is bordering on the vendetta, the ridiculous and trivialization of the judicial process. I condemn this unwholesome step which puts the CCT in the public domain as being on a vengeful and extra-legal mission against the CJN.
“It must be pointed out that this latest step by the CCT which has argued it is solely under the president and not under the judiciary, appears to be teleguided by the dictatorial Executive, especially the presidency. These are my reasons for this strong view:
1. The NJC has since taken over the investigation of the CJN as provided for in sections 153,158,291,292(2) and section 21, parts A and B to the 3rd schedule to the Nigerian Constitution.
2. The EFCC has since written a petition against the same NJC, using the same evidence as that before the CCT
3. The CCT has itself adjourned the CJN’s matter for argument on whether it even has jurisdiction at all to hear the case against the CJN
4.There are at least 4 Court orders directing the CCT to halt further proceedings.
5. The CJN has not yet been physically arraigned before the CCT on the charges filed such as to give the CCT and jurisdiction over the CJN.
6. Under the Provisions of the ACJA, a person such as Justice Walter, can even be tried in absentia. He therefore does not therefore have to be humiliated by being bundled to the court for arraignment like a common criminal. So, it is not a question of one being above the law.
7. By virtue of section 8 of the ACJA, every suspect is to be accorded humane treatment, with dignity and no suspect is to be subjected to inhuman and degrading treatment.
8. By virtue of section 3(d) of the CCB/CCT Act, the CJN ought not have been charged at all before the CCT, given his admission of mistaken non full compliance with the declaration of his assets. The section provides that he shall not be charged before the CCT once he admits non compliance. The matter ends there, as he shall be made to comply by being given fresh forms to fill and make full disclosure.
9. The earlier order made by the CCT that the CJN shall step aside has since been appealed against to the Court of Appeal and the appeal ought to be allowed to run its full course.
It is very clear to me that the CJN is being mob-lynched by the government and a section of the compromised or uninformed members of the public; is being harassed, intimidated and deliberately, painted with the paintbrush of shame, all with a view to present a fait accompli as to why.
But a lawyer and multilateral diplomat, Dr Babafemi Badejo, backed the order by the Code of Conduct Tribunal (CCT) that Chief Justice Walter Onnoghen should be arrested.
He said the 1999 Constitution does not give the suspended Chief Justice of Nigeria (CJN) immunity from arrest and prosecution.
Badejo, a consultant to the African Union (AU) and a former University of Lagos (UNILAG) don, said the CCT was not bound to wait on the National Judicial Council (NJC).
He said: “In spite of the crafty arguments of some SANs, the Nigerian Constitution is very clear.
“Only the President, Vice-President, Governors and Deputy Governors have immunity while in office except they are first impeached and removed from office.
“In effect, all other Nigerians, including the suspended Chief Justice of Nigeria are subject to law. That is the rule of law.
“So, it is a surprise and a shock that legal leaders who should give leadership are bent on using all subterfuge to further weaken the rule of law in Nigeria.
“Hon. Justice Walter Onnoghen is not above the law. He knew very well that the normal procedure was for an arrest warrant to be issued against him when he refused to show up at the CCT.
“The argument that a process was on at the NJC is irrelevant to the process that began at the CCT that was appealed against but the Court of appeal decided that the process should continue.
“A challenge to the jurisdiction of the CCT can never have the status of setting aside the need for the suspended Chief Justice to show up at the CCT and have the proper motions argue for the CCT Judge to decide whether he has jurisdiction or not.
“To stay away as the suspended Chief Justice did is an unruly challenge to our laws as they stand today.
“It is unnecessary to repeat that Justice Walter Onnoghen wants to drag the Judiciary totally in the mud in which he has enmeshed himself. That should not be allowed.
“He should be brought before the CCT as he would have rightly ruled. The process at the NJC should continue at its own pace.”
Badejo, a former high ranking United Nations (UN) official, said if Chief Justice Onnoghen does not believe the CCT should continue with the case, he and his lawyers should canvass it before the CCT.
“He cannot take the law into his own hands. We have no Queen or King in Nigeria. The CJN is subject to law.
“Finally, we should all salute the Ebun Sofunde led 20 SANs who have stepped forward to say what is truthful and promise to push for needed reforms of our judicial system.
“Their names will be written in gold when dispassionate efforts are undertaken on the Onnoghen saga.
“We cannot hope for a sustainable country if our Judiciary remains as corrupt as we all know it is but continue to play the ostrich,” Badejo said.