Onnoghen Saga: Options Before NJC

As the nation awaits the decision of the National Judicial Council (NUJ) on Justice Walter Onnoghen, suspended Chief Justice of Nigeria (CJN) and Justice Tanko Mohammed, acting CJN, senior lawyers and other stakeholders have started providing likely options available to the parties, particularly, the National Judicial Service Commission, (NJC) to save ‘one of their own’ as well redeem the battering image of the judiciary, Sunday INDEPENDENT investigations and interactions with stakeholders have shown.

This is even as it was learnt over the weekend that senior lawyers both in government and outside are desirous of a ‘win, win’ approach that will reddem the judiciary and ensure that the anti-corruption stance of government is on course.

The first option, it was gathered is for the two major actors, suspended and acting chief justices to resign to pave way for a neutral person to preside over the affairs of justice in the country.

The second option is the reinstatement of Onnoghen, while the Code of Conduct Tribunal (CCT) trial continues, but that he would be prevailed upon by some prominent members of the profession and Nigerians to resign.

This will be contingent upon the promise that government would not harass or intimidate him after his resignation.

According to a source, who pleaded anonymity, justice Onnoghen may be relying on the provision in the CCT act that would be lenient with an accused who acknowledges that ‘he forgot’ to include some assets in the declaration form, adding that the embattled justice might not give up easily.

It was further gathered at the weekend that Onnoghen’s case may have polarised the presidency. While some are embarrassed by the development and would want the issue resolved on time, there are those said to be closer to the president who are insisting that due process must be followed that should culminate in eventual conviction of the suspended chief justice if found guilty.

They argued that since he refused to resign ‘honourably’ and even went ahead to seek for stoppage of his trial, then, the CCT should be allowed to do its job.

Onnoghen’s had refused the prompting by the presidency to resign which led to his arraignment before the CCT, which immediately commenced his trial. He approached both the Federal High Court and Industrial Court for Arbitration to stop the trial. Though, the two courts ruled in his favour stopping the trial at the CCT, the tribunal refused to abide by the rulings claiming that the courts were of coordinate jurisdiction.

Onnoghen later approached the Court of Appeal, which directed a stay of proceedings at the tribunal, which has since been lifted, paving way for the trial of the suspended CJN at the tribunal. While the tribunal suspended further hearing in the matter, the FG announced the suspension of Onnoghen and sworn-in Justice Tanko in acting capacity. It claimed it acted on an ex parte order of the CCT directing President Muhammadu Buhari to suspend Onnoghen.

But, the suspension no doubt was received with wide condemnation from Nigerians and foreign bodies who insisted that the due process and rule of law was not followed. They clamoured for the restoration of the suspended CJN while the process for removing Onnoghen as laid down by the 1999 constitution must be followed.

The question now is how will judiciary handle the delicate issue of getting an acceptable head for the third arm of government? Will it ask Onnoghen to return to his seat and will this be acceptable to FG, which has already insisted on the suspension of embattled CJN?

Femi Falana SAN, human rights activist, Jiti Ogunye, lawyer and public commentator, National Association of Democratic Lawyers (NADL), said only a return to due process and compliance with the rule of law will ensure that the judiciary redeem its battered image.

Falana, who blamed both the bar and bench for the way they went about the whole issue on the suspension of CJN, called for a review of the whole Onnoghen saga to ensure that the rule of law is respected.

According to him, “It is unfortunate that the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the Office of the Chief Justice to be completely desecrated. It is intriguing that the 12 lawyers, including three Senior Advocates of Nigeria in the federal cabinet did not deem it fit to dissuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the Code of Conduct Tribunal. In particular, they ought to have reminded the President of the compulsory retirement of Justice Stanley Nnaji and Justice Wilson Egbo-Egbo for issuing illegal ex parte orders for the removal of Dr. Chris Ngige as Governor of Anambra State.

“However, notwithstanding the inauguration of Justice Tanko Mohammad as the Acting Chief Justice the legal profession should not hesitate to review the entire Onnoghen saga in the interest of the nation’s judiciary. He opined that the NJC decision on the whole issue should be the guiding light in the matter, to ensure that the judiciary continues to enjoy the respect of Nigerians.

Ogunye, in his submission on the issue as published by Premium Times, an online medium, titled “ANALYSIS: Suspension of CJN Onnoghen: An illegal executive coup against a recalcitrant chief judicial officer”, is of the view that efforts must be made to save the judiciary from further assault and embarrassment, saying the judiciary and executive arms, and the legal profession have a role to play to ensure that the integrity of the third arm is not impugned on.

According to him, “In addressing the issues that the actions of the Executive have raised, state actors and stakeholders in the Judiciary and outside it must ensure that the Judiciary is not further politicised or divided along ethnic or religious lines.”

On the way forward, Ogunye said, “The President must withdraw his purported execution of the order of the CCT suspending CJN Onnoghen from office, and swearing in Hon. Justice Ibrahim Tanko Muhammed as the Acting CJN of Nigeria.

“Hon. Justice Walter Samuel Onnoghen must immediately resign from the office of the Chief Justice of Nigeria. His reputation as a judge and as the head of the Nigerian Judiciary has been irreparably damaged, and his clinging to judicial office will not serve any useful purpose at this time,” he said.

Ogunye also has harsh words for the bar, saying “The unwitting impression the legal profession creates when it condemns the executive without demanding for the resignation of the CJN is that it is protecting the CJN and shielding him from facing the consequences of alleged involvement in corrupt practices.”

NALD in its contribution disagree with the filing of charges against the suspended CJN at the CCT, saying “A judicial officer in Nigeria who is accused of an act of misconduct which may constitute a criminal offence could be investigated, prosecuted and tried in a court of law in Nigeria, the judicial officer so accused first must have been subjected to the administrative disciplinary jurisdiction of the and removed from office, and stripped of his judgeship removed from office, and stripped of his judgeship.”

It declared that the CCT charges against Onnoghen ought not to have been filed. It added that since the charges have been filed, it urged both Onnoghen and FG to shun abuse of court processes and abuse of powers in prosecuting and defending the charges at the CCT, which judgment of which is appealable to the Court of Appeal.

It also expressed serious reservation about the hasty disposition of Hon. Justice I T. Muhammed, Acting CJN in accepting to be appointed and sworn in as Acting CJN, when judges of the lower bench who in the past had demonstrated that grave error of judgment or seeming unbridled ambition had, in the past, been visited with career terminal sanctions by the NJC.

It blamed the suspended CJN Onnoghen for frustrating the holding of the 88th statutory meeting of the NJC on the 15th January, 2019, a day after 14th January, 2019, when the CJN Onnoghen was scheduled to be arraigned in court, saying by that heedless postponement, the NJC was denied of the earliest opportunity it could have had to discuss the CJN’s code of conduct challenges, and charges that were filed against him. According to the group, “If that meeting had held, perhaps, the NJC, based on the I.N. Okoro, J.S.C and N.S, Ngwuta, J.S.C precedents, could have placed Hon. Justice W.S.N Onnoghen, on suspension, for undergoing a quasi-criminal trial, like an interdiction in the public service. NADL assumes that the said postponement must have goaded a restive executive branch of government into reaching for the misguided suspension of the CJN on Friday, the 25th of January 2019.”

While commending the NJC for its intervention in the Onnoghen saga but expressed reservation on the lack of urgency in resolving the whole issue.

On the way forward, NALD said, “ In the prevailing situation, the NADL calls on CJN Onnoghen to seriously consider a resignation from office in the interest of the Nigerian Judiciary. While doing so, he may wish to explore the plea bargaining provisions under Section 270 of the Administration of Criminal Justice Act and other similar provisions that may enable him wrap up his planned prosecution and earn himself a dignified and orderly exit from his current travails. In making this suggestion, NADL believes still in the presumed innocence of the suspended CJN Onnoghen under the law and the Constitution. The NADL does not deem or adjudge him guilty.”

It lashed out at the NBA for “its handling of the CJN Onnoghen charge and suspension issue.” According to it, “The NBA Leadership has restricted itself to flaying the action of the executive branch of government, mouthing hackneyed phrases about rule of law, due process, independence of the judiciary, separation of powers and adherence to constitutional principles, without paying equal attention to ethical demands in a legal profession that prides itself as honourable, and giving necessary attention to the issue of integrity and credibility in the judiciary and how to effectively combat cases of corrupt practices in the legal profession, Bar and Bench. By this lopsided disposition, the NBA Leadership has helped in portraying Nigerian lawyers as supporters of infamous conduct in the Judiciary, before the Nigerian people, especially non-members of the legal profession.”

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