The Nigeria Bar Association (NBA) in a statement Tuesday urged the Federal Government to discontinue the matter against the suspended CJN, Walter Onnoghen at the Code of Conduct Tribunal (CCT). This advice is coming ahead of the resumption of trial at the CCT today.
As stated in the statement signed by the NBA president, Paul Usoro, the reasons for this position are – “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.
Secondly, chairman of the CCT, Danladi Umar, in his response to a petition 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 utilisation 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.
The statement went further to state that the discontinuance of the matter should be initiated tomorrow at the CCT- in order to allow the NJC process, which is the constitutional procedure to take over fully.
