• Sunday, May 19, 2024
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Onnoghen’s trial, assault on democracy – South South Governors

The South South Governors Forum has described the planned arraignment of the Chief Justice of Nigeria (CJN), Walter Onnoghen, as an assault on the nation’s democracy.

They equally called on the CJN not to succumb to pressure from the Presidency to resign due to the planned trial which comes up on Monday.

The governors who condemned the action, noted that the development has confirmed the disdain of the President Muhammadu Buhari administration for the people of the Niger Delta.

This was the outcome of a meeting of the Forum in Abuja on Sunday, which lasted for over five hours.

Reading the communiqué on behalf of the governors, Bayelsa State governor, Seriake Dickson, called on President Buhari to immediately condemn the action.

The communiqué reads: “We hereby call on the President to condemn without any equivocation, this assault on the CJN and the judiciary especially coming after similar assaults on the National Assembly, to save the country from this embarrassment and global contempt.

“We call on the CJN to ignore this so-called Court summon from the CCB and the provocative call for his resignation in some quarters.

“While we are not opposed to a genuine fight against corruption, such an action must always be anchored on the rule of law.

“We also decry the massive buildup of arms by APC leaders and members across the Niger Delta with the intent to cause mayhem and a general breakdown of law and order during the elections”.

Citing Section 158(1) of the 1999 Constitution (as amended), the governors said only the National Judicial Council (NJC) has ample powers to deal exhaustively with matters pertaining to allegations of misconduct and discipline of Judicial officers.

They expressed concern that the development is a setback on the gains of democracy in the country.

“The judicial pronouncements in the cases of FGN Vs Justice Sylvester Ngwuta of the Supreme Court (January 9, 2018) and Justice Ngajinwa Vs FGN 2017 at the CCT have given validation to the express provisions of the constitution on this issue.

“We note that the attempt to drag the CJN to the CCT is also a grave and dangerous escalation of the assault on institutions of state including the National Assembly and the judiciary

“We believe that the President, Muhammadu Buhari has a constitutional responsibility and huge moral obligation to defend our democracy.

“Therefore, we consider this step, which is directly aimed at humiliating the nation’s highest judicial officer and a prominent son of the region, as totally unacceptable as it is reflective of the South South story of endless marginalization and intimidation. The unceremonious removal of former Acting Director General of the Department of State Service, Mathew Seiyefa and his replacement is still very fresh.

“We note that the unfortunate action against the CJN further reinforces the perception that the Buhari administration has no regard for the sentiments of Nigerians, in particular the people of Niger Delta, and the rule of law

“It is a fact that this administration has a penchant for flagrant disobedience of and disregard for legitimate and valid court orders.

“We expect President Buhari to know that democracy cannot survive without respect for the constitution, strict adherence to the rule of law, and separation of powers as enshrined in the constitution.

“We strongly believe that the regrettable development at the Supreme Court at this critical time, when preparations for the general elections are wobbling (with serious concern about INEC and security agencies) is capable of causing avoidable anxiety, tension and possible breakdown of law and order in the country.

“We note further that the action undermines confidence not only in the judiciary but also the electoral process that has already commenced, in view of the pivotal role that the judiciary plays in the process of electoral adjudication.

“We affirm President Buhari should know that the continuous assault on critical institutions of state is a defining feature of a dictatorship, and that the President is obliged to live up to his word that he is a born-again democrat, as he assured Nigerians in 2015,” the communiqué added.

Besides Dickson, other governors present at the meeting are: Nyesom Wike (Rivers), Ben Ayade (Cross River), Udom Emmanuel (Akwa Ibom) and Ifeanyi Okowa (Delta).

Justice Onnoghen hails from Cross Rivers State, South South Nigeria.

The Code of Conduct Bureau (CCB) had filed criminal charges against the head of Nigeria’s Judiciary at the Code of Conduct Tribunal (CCT) over alleged failure to declare his assets as well as operating a domiciliary account.

The CCT had said it would commence the trial on Monday, January 14, on six charges.

It explained that the charges were filed before it by the CCB, based on a petition signed by the Executive Secretary of the anti-corruption research data-based initiative, Dennis Aghanya.

The develoment has attracted the attention of senior lawyers who criticised the Federal Government’s action.

Senior lawyers that have condemned the planned arraignment include: Afe Babalola, Femi Falana, Mike Ozekhome among others.

While questioning the timing of the action, they also decried the speed at which the case was handled and alleged that due process was not followed.

 

OWEDE AGBAJILEKE, Abuja

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