Onnongen: Centre provides US, UK others with perspective to ex- CJN’s suspension
The Save Humanity Advocacy Centre has given an insight on the real reason behind suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.
The human rights group said the controversy trailing the ousting of Onnoghen was needless because the Constitution of the country was clear on the crime committed by the ex-CJN.
According to SHAC, the United States of America, European Union and the UK government did not have full insight on why Onnoghen was asked to step aside.
In a letter addressed to the Ambassador of the United States of America and signed by Patrick Akpokwu, Director of Communication, SHAC urged the diplomatic communities avoid unguarded public statements that could incite the general public given the peculiarities of the time we have found ourselves.
The letter reads
Please note that The 1999 Nigeria Constitution, as amended, is very clear on assets declaration by public officials. Declaration of assets by public officers in Nigeria is not a voluntary exercise. Instead, they are mandated by the law to do so before and after occupying public offices.
The Constitution in Section 172 states, “A person in the public service of the Federation shall observe and conform to the Code of Conduct.”
Paragraph 11 of the Code of Conduct (Ethics of Work for Public Officers) stipulates that, “Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter:(a) at the end of every four years; and (b) at the end of the term of office; submit to the Code of Conduct Bureau a written declaration of all his properties, assets and liabilities and those of his unmarried children under the age of 18 years.
And that “Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this Code. Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”
Hence public declaration of assets is best recommended so that both the Code of Conduct Bureau (CCB) together with its Tribunal (CCT) and the general public may work in agreement.
Our Grouse:
Your Excellency may wish to know that there are stipulated penalties for violation of the CCB law in Nigeria regardless of the position the individual occupies as the law is no respecter of persons.
The case of the Chief Justice of Nigeria presented us a very challenging circumstance wherein the Chief Law Officer in Nigeria for inexplicable reasons decided to act in a contrary and morally bankrupt manner by not declaring parts of his assets. This act he attributed to “forgetfulness.”
Your Excellency, such an act cannot be condoned in a sane clime, and even in America, Britain, and France.
Consequently, we are at a loss as to the way, and manner statements have been credited to your esteemed persons which we firmly believe echoes’ the views of your home countries. It is, therefore, our considered opinion that such statements were not fair and maybe as a result of a lack of understanding of the issues at hand.
For the Records:
The Chief Justice of Nigeria is standing trial for false declaration of assets, and he was consequently advised to step aside pending the determination of the suit. But he refused and instead used all manners and means to frustrate the law from running its course.
He was also advised on moral grounds that he cannot continue to denigrate the office he occupies because he is standing trial for an offense he committed and not an allegation. This much he confessed to in a written statement.
What we expected:
We expected some decorum in public statements from members of the Diplomatic communities in a case as sensitive as this.
This is on the heels that it was public knowledge that on infraction was committed by the Chief Justice of Nigeria. We also expected that members of the Diplomatic community would be sensitive enough to know that Nigeria is a sovereign country bided by a Constitution.
We also expected that members of the Diplomatic community would not join the select few that have given some form of political interpretation to the suspension of the Chief Justice of Nigeria from office.
We expected that the members of the Diplomatic communities would exercise restraint in public conduct given that the general elections are around the corner so as not to send the wrong message to the voting public.
We also expect that members of the Diplomatic community would at some point appreciate the efforts of the present administration in sanitizing the system.
Our Prayers:
Nigeria is a sovereign country, and as such, that must be clearly understood and appreciated by all, including members of the Diplomatic community in Nigeria. Respect for our people and values are sacrosanct. Unguarded public statements could incite the general public given the peculiarities of the time we have found ourselves. And so they should be minimized or avoided if possible.
The fact remains that the suspended Chief Justice of Nigeria violated the law and not a case of witch hunting or political persecution. And there are penalties for breaking the law the world over, Nigeria inclusive.
Onnoghen: 1,000 youth groups back Buhari on suspension of ex-CJN
The trouble for the erstwhile Chief Justice of Nigeria, Justice Walter Onnoghen seems to be far from being over as over 1,000 Youth groups in Nigeria today held an emergency meeting at Abuja and resolved to back the President over his suspension.
The group of 968 Youth Organizations, who converged in Abuja for a single agenda meeting, said Buhari was right to wedge the big hammer against embattled CJN.
The groups observed that the questions about the integrity of Justice Walter Onnoghen were not new his ouster saved the judiciary from the transactional culture that had turned the courts in Nigeria into shams where justice is bought and sold.
The youth groups in a communique after the meeting warmed those that have been recruited to foment trouble over the suspension of Justice Onnoghen that the law remains the law and it is not in their interest to be caught breaking the law.
The communique jointly signed by Comrade Olajide Kolawole,Chairman Communique Drafting Committ and Comrade Aaron Tobias Turner
Secretary, Communique Drafting Committee, said anyone angry over the suspension of Onnoghen is an enemy of the nation.
The communique reads.
“There has been deliberate mischief by those that allude a finality to the “SUSPENSION” of Justice Onnoghen, which connotes temporariness as opposed to an outright sack or removal. This deliberate act of mischief, we have found out, is being sponsored by the suspended CJN in the belief that he can force his reinstatement through this.
“The offence of failure to properly declare his assets including the secret bank accounts and operating foreign accounts in contravention of the law are now being overshadowed by the unnecessary drama that have been whipped up by his supporters. The duplicity of using the elections as blackmail has not obliterated the fact that Justice Onnoghen violated the law and this in spite of his untenable defence of mistake and forgetfulness.
“The composition of those speaking in defence of Onnoghen is suspect. Those canvassing for his reinstatement are clearly people that stand to benefit from his continued stay in office. They include leading opposition figures, the same people that have been accused of bribing him with the money found in his undeclared bank accounts. His support base include militants and separatist terrorists with members standing trial.
“Like the opposition politicians, their members could be handed death sentence, they have cases that would be appealed up to the Supreme Court. The nature of those that have spoken in favour of Justice Onnoghen therefore constitute a fresh crisis of interest for him.
“Justice Onnoghen supporters have recruited foreign interests and other countries to undermine Nigeria’s sovereignty in an attempt to block the country’s ability to fight corruption. The opposition and their civil society arm are now creating a precedence where Nigeria must get the approval of the United States, United Kingdom, the European Union and just any other western country before taking any action in furtherance of citizens’ interest.
“The National Assembly, which has never been known to serve the interest of Nigerian, led by some of the people that paid money into the undeclared bank accounts of the suspended CJN, is threatening to counter what its members’ constituents have endorsed as the right decision. This attitude of clearly favouring Justice Onnoghen, who has been indicted of accepting bribes to pervert justice for the leadership of the National Assembly.
“The Presidency has remained unnecessarily civil, tamed and excessively considerate in responding to those that are using Justice Onnoghen’s suspension as basis to foment trouble. Its response to foreign interference in Nigeria’s internal affairs on this matter could also me more engaging. There is no record anywhere of Nigeria asking any of these countries to retain a compromised Chief Justices to preside over their own judiciaries.
“To endorsed the suspension of Justice Walter Onnoghen and the swearing-in of Justice Mohammed as the acting Chief Justice of Nigeria. Member organizations will take imperative actions to ensure this decision taken in favour of the anti-corruption war will not be truncated.
“Warn those that have been recruited to foment trouble over the suspension of Justice Onnoghen that the law remains the law and it is not in their interest to be caught breaking the law, especially when this is done in pursuit of defending another violation of the law.
“Appeal to security agencies to note individuals, associations and organizations that have been making threats of violence in respect to the suspension of Justice Onnoghen; the security agencies should be on alert to counter the violent protests the identified entities have planned to rocked the country but this should be done within acceptable civil limits.
“Advice the US, UK and EU to find other past-times to engage themselves with since it is not possible for their own citizens to accept what they are asking Nigeria to accept. The mandate Nigerians gave when they elect a government is for that government to take decisions that protect their interest, corruption of highly placed office holders is one the pressing issues the government has their mandate to tackle.
“Urge the Federal Government to be more robust in engaging countries that interfere with the running of Nigeria. The Presidency should immediately convene a forum at which it will place the facts around Justice Onnoghen’s suspension before senior officials of these interfering countries.
“Request the relevant authorities to publish a compendium of the infractions committed by Justice Onnoghen to educate Nigerians on the gravity of what he has been charged with.
“Place member organizations on notice to hold two street rallies for every pro-Onnoghen protest that takes place anywhere in Nigeria.
“Occupy the National Assembly should lawmakers go ahead with the sessions they plan to convene to challenge Justice Onnoghen’s suspension.
“The meeting concluded with a directive to member organizations to begin mobilizing against the election or re-election of any politician known to be supporting Justice Onnoghen or to have bribed him in the past. The recruitment of other countries by the opposition to dictate to Nigeria should not be a basis to reinstate corruption that the country is already on the way to winning.”
CISS finally breaks silence on suspension of CJN, backs Buhari
The Centre for International and Strategy Studies, has finally broken its silence on the controversy trailing the suspension of Walter Onnoghen as the Chief Justice of Nigeria.
CISS said the suspension of Onnoghen was a right step in the right direction, adding that the decision was to safeguard the integrity of the judiciary sector.
There have been mixed reactions following the suspension of Onnoghen as the CJN over issue bodering on corruption.
While some believe the suspension might have political undertones, others are of the opinion that the suspension was in order as no one is above the law.
David Bamidele, President, CISS, while addressing a press conference on Sunday, said the suspension of the CJN, Justice Onnoghen by President Buhari in compliance with the order of the CCT was not only reasonable and timely, but necessary to salvage the partly battered image of the Nigerian judiciary.
He also said the decision was to protect democracy from the class of the few bad characters in the judicial cum political system.
“In a nation-wide address, the President explained that the decision to suspend Justice Onnoghen was spurred by the wisdom of the CCT, the only court which has the lawful mandate to pry into matters of alleged breach of Code of Conduct prescribed for public officers, pending final determination of the charges against him at the CCT.
“About fortnight ago, Nigerians were assailed with the alleged breach of the Code of Conduct laws by the CJN through a petition signed by the Executive Director, Anti-Corruption and Research Based Data Initiative, Mr. Dennis Aghanya. According the petitioner, the NGO painstakingly investigated the CJN, which commenced about a year ago. The details of the alleged offences against the CJN are in public domain.
“But suffice it to say, specifically, the suspended CJN allegedly operated and failed to declare or improperly declared three domiciliary accounts in Standard Chartered Bank with about $3million stashed in them among other charges.
“The CCT chaired by Justice Danladi Umar began inquest into the allegations by dragging Justice Onnoghen before it for trial in consonance with the stipulations of the law. However, it elicited unnecessary disquiet and judicial ambush of the case, designed to frustrate the trial.
“There have been frenzied unwarranted or cynical attacks or accusations of President Buhari by ethnic champions and political shenanigans’ and accomplices in the judiciary, who have conveniently ignored the provisions of the law.
“The critics have found it more convenient to repress the fact of the suspended CJN’s own admission of committing a breach of the Code of Conduct law, which he casually explained it as “mistake or forgetfulness.”
“Anywhere, the judiciary operates on the basis of law and all operators in the temple of justice ought to thrive on an unquestionable morality and integrity.
“Where this is lacking as revealed by the preliminary findings of the Code of Conduct on the breaches by the CJN, democracy itself is threatened and it is a path to an inglorious abuse of the rule of law.
“The few antagonistic to the suspension and trial of Justice Onnoghen are directly seeking a return to the rules of the jungle, where might and position of influence was a guaranteed license to indulge in all manner of unlawful acts unchallengeable.
“But just last year, the CJN had the moral strength or authority to preside over the alleged false assets declaration by the President of the Senate, Sen. Bukola Saraki when the Senator appealed several aspects of his trial at the CCT. Yet, the CJN had skeletons in his cupboard. This is an act that cannot be tolerated in any country.
“The administration of President Buhari has made it clear from the outset that under his watch, such acts will not be condoned. And therefore, that the Head of the Nigerian judiciary is involved does not insulate him from the proper legal actions by virtue of his position as chorused by others.
“The efforts of the present government to sanitize and rid the judiciary of corrupt officers shadowed since 2016 when the DSS arrested seven judges, including two Supreme Court judges for alleged corruption during a sting operation. The case of the suspended CJN, Justice Onnoghen is therefore not exceptional.
‘The ordinary Nigerian has always craved to have a dependable judiciary; a true temple of justice, where all who approach it shall be entitled to equity and fair hearing; a where judgments’ would truly reflect the merits of the dispute before the court for resolution.
“But sadly, much of the uprightness expected from the Nigerian judiciary is a mirage, as attested in the quantum of petitions against some judges to the National Judicial Commission (NJC). In 2016, in the heat of the arrest and trial of some judges, the NJC disclosed that 808 Justices in Nigeria have been petitioned by Nigerians over allegations of corrupt practices and professional misconducts.
” It exposes the level of discontent in Nigerians over the operations of the judiciary and conduct of judicial officers. And it is unfortunate to understand the Number One Judicial officer in Nigeria is also embroiled in these sordid allegations.
” Nigeria is heading to its worse moments in drifting negatively. It is surprising that some accused persons who are arraigned in court approach other courts of even concurrent jurisdiction to obtain injunctions to halt such trials. And some presiding Judges go ahead in their wisdom to grant such frivolous injunctions.”
