Nigerian Bar Association (NBA) has demanded an end to the trial of Nigeria’s Chief Justice, Mr Walter Onnoghen.
NBA made the demand in a statement ahead of scheduled continuation of Onnoghen’s trial at Code of Conduct Tribunal today.
The lawyers’ union asked federal government to discontinue the trial and “follow the rule of law.”
Onnoghen is facing trial on six counts of alleged false asset declaration.
He was charged following a petition by a member of ruling All Progressives Congress (APC), Mr Dennis Aghanya.
In its statement, NBA argued that only through Senate can the presidency remove Onnoghen.
“Ahead of the scheduled resumption of proceedings at the Code of Conduct
Tribunal (“CCT”) 22 January 2019, Nigerian Bar Association again calls on Executive Branch of the Federal Government of Nigeria (“FGN”) to discontinue forthwith the prosecution of the Chief Justice of Nigeria (“CJN”), before CCT,” NBA said in the statement signed by its president, Mr Paul Usoro.
NBA said it was obvious that President Muhammadu Buhari’s government was bent on removing Onnoghen from office, but added that the presidency can only achieve the alleged objective, through the support of the Senate.
“Having become obvious that the immediate goal of the Executive is to remove the CJN from office, we urge the Government to follow due process in attaining that goal.
“Due process is not followed when Executive Branch of the FGN files an
Interlocutory Motion before the Code of Conduct Tribunal for the removal of CJN.
“Such an application disparages, and assaults due process as enshrined in Section 292(1)(a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the Constitution”).
“The said Section is very explicit on the due process for CJN’s removal when it stipulates as follows:
S.292(1)(a)(i) “A judicial officer shall not be removed from his office or
appointment before his age of retirement except in the following circumstances
. . . in the case of . . . Chief Justice of Nigeria . . . by the President acting on
an address supported by two-thirds majority of the Senate.”
According to NBA, the law does not permit the current measures adopted by government to remove CJN. It added that any attempt to remove Onnoghen would imply that the CJN was treated order than a judicial officer.
“The Constitution leaves no room howsoever for the removal of CJN from office, whether on a temporary or permanent basis, other than through the process afore-quoted. Being a country governed by laws, FGN owes us a duty to comply strictly with these provisions of the Constitution for the removal of the CJN.
“We, therefore, urge Executive Branch of the Federal Government to please retrace its steps and discontinue the entire proceedings before the CCT forthwith and follow the constitutional procedure afore-stipulated.”
NBA reiterated its call for NJC to be briefed about the matter so that the judicial body executes the process for the discipline of CJN.
“With respect to the trial of the CJN before CCT on the assets’ declaration Charge, NBA stands by its Statement of 12 January 2019. Established judicial precedents dictate that the allegations must be referred to and handled by National Judicial Council (“NJC”) and it is only after the NJC’s pronouncement thereon against the CJN can the FGN prosecuting agencies proceed against him before any Tribunal or Court of Law. For as long as the CJN remains a judicial officer, that process avails him and is mandatory of compliance by FGN.
PT
