Again, NJC delays decision on Onnoghen, Muhammad

…Sets up another 5-member c’ttee to probe allegations against duo

…CCT orders arrest of suspended CJN

Andrew Orolua, Abuja

Again, the National Judicial Council (NJC), on Wednesday, delayed its decision on the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, and the acting Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad, but accepted that the complaints against them are worthy of its disciplinary committee investigations. In continuation of its emergency meeting on Wednesday, the Council constituted a five-man Committee to investigate petitions written against Justice W. S. N. Onnoghen and Justice I. T. Muhammad in line with Rule 20 (1) of its Regulations. NJC also forwarded new petition written against Justice I. T. Muhammad by Action People’s Party (APP) for his response within seven working days. The Council said it has accepted the result of the preliminary assessment of the petitions against Justice Walter Onnoghen and Justice Tanko Muhammad, and that the petitions were worthy of further investigation and should not be terminated under Rule 17 of the Judicial Discipline Regulations of the Council. Consequently, the council constituted a five-member Investigation Committee pursuant to Rule 20 (1) of the Judicial Discipline Regulations under the Chairmanship of Justice S. A. Akintan, a retired Justice of the Supreme Court of Nigeria. It said that a new petition against Justice Ibrahim T. Muhammad by the Action People’s Party (APP) was referred to him for his comments within an abridged 7-days. Council directed the Investigation Committee to work expeditiously, determine all the petitions and responses and report to Council for a final decision. As NJC deferred its decision, the Code of Conduct Tribunal (CCT), on Wednesday, in Abuja, ordered the Inspector General of Police (IGP), and the Director General of the Department of State Services (DSS), to arrest and produce Justice Walter Onnoghen in court in the next 48 hours for trial on Friday. Chairman of the Tribunal, Danladi Umar, issued the bench warrant against Onnoghen while ruling on an application by the Federal Government for his arrest following Onnoghen continued absence in court that has prevented his arraignment on six count charge. Tribunal Chairman, Hon. Danladi Umar, recalled that at the last sitting on February 4, the tribunal had insisted that Onnoghen must make himself available in court on February 13, for arraignment over alleged non declaration of his assets. When the matter was called on Wednesday, Onnoghen was not in court and his lawyers led by Adegboyega Awomolo (SAN), prayed the court to take all pending applications particularly the issue of the tribunal’s jurisdiction. The senior counsel insisted that the issue of jurisdiction must be determined one way or another before the Tribunal could proceed to take further motions. He therefore prayed the Tribunal to allow the issue of jurisdiction being the foundation of the trial to be resolved in the interest of justice. But, counsel to the Federal Government, Aliyu Umar (SAN), opposed the application made by Onnoghen’s counsel and insisted that the issue of the defendant’s absence in court to take his plea, must be first addressed. He said that until the defendant appears physically in the tribunal court, the issue of jurisdiction and other motions cannot be taken, adding that while in court, Onnoghen has the right to refuse to take plea but has no right to refuse to appear in court. The counsel recalled that since January 14, when Onnoghen ought to have been arraigned, he was not in court and that even after the service of the charge had been effected to Onnoghen in person, he still did not appear in court. The government lawyer, who cited authorities to support his submissions, promised to make the authorities available to the Tribunal to enable it arrive at a just conclusion. However, in a surprise move, the CCT Chairman brought out a written ruling and read it just as the government lawyer concluded his argument. In the ruling, Umar ordered that a bench warrant be issued against Onnoghen for his arrest either by the Inspector General of Police or the Director General of the Department of State Services and to produce him before the Tribunal this Friday. Umar said that Onnoghen must be in the dock on Friday unfailingly, adding that he must first submit himself to the jurisdiction of the tribunal and raise whatever objection he has to the trial thereafter. “I recall at the last adjournment, I ruled that the defendant must appear in court today. My memory is intact, but since he has chosen not to be in court, this tribunal has no option other than to use machinery at its disposal to compel the appearance in court. “For this reason, bench warrant is hereby issued to the Inspector General of Police or the Director General of the Department of State Services to produce him before this tribunal on Friday. “He must be in the dock on Friday unfailingly”, he said. Shortly after the ruling, the Federal Government lawyer drew the attention of the Chairman to the fact that this Friday is an eve of the presidential election, but Umar dismissed the information and insisted that Onnoghen must be brought before him on the next adjourned date. Umar, who did not allow the two other members of the tribunal to make input or react to the ruling, announced that the matter be adjourned till Friday. Meanwhile, the Court of Appeal on Wednesday adjourned appeals filed by Justice Onnoghen challenging the jurisdiction of the tribunal to try him without NJC first determining his capability, to February 25. The adjournment was sequel to the request by the Federal Government lawyer, Koloso that a private prosecutor, Aliyu Umar (SAN), who is prosecuting Onnoghen case at the tribunal wants to handle the appeals himself.