In a move to save judiciary, NJC gives ultimatum to Onnoghen, Muhammad

…Directs duo to respond to petitions against them within 7 days

…Refers petition against CCT Chairman Umar to FJSC

…Decides fates of Onnoghen, Muhammad, Umar Feb 11

Andrew Orolua, Abuja and Peter Fowoyo, Lagos

The National Judicial Council (NJC), on Tuesday, gave the Chief Justice of Nigeria (CJN), Justice Walter S.N. Onnoghen, and Justice Ibrahim T. Muhammad, seven working days to respond to petitions of alleged misconducts written against them. The CJN, Justice Walter Onnoghen, was suspended from office last Friday by President Muhammadu Buhari following a purported ex- parte order granted by the Chairman of the Code of Conduct Tribunal, Danladi Yakubu Umar. Same ex-parte order also directed the President to swear in the most senior justice of the Supreme Court next to Onnoghen, which happened to be Justice Ibrahim Muhammad as the acting Chief Justice of Nigeria. Justice Onnoghen travial followed a petition by Aghanya and a six count charge filed against CJN at the Code of Conduct Tribunal by the Federal Government. Though, the tribunal which sat on 22 January had adjourned the sitting to 28 January, it went secretly to grant the contentious ex-parte order on 23 January. NJC which has the disciplinary power over the judicial officers, said at the end of its emergency meeting on Tuesday that it has also referred the petition against CCT Chairman, Danladi Yakubu Umar, to the Federal Judicial Service Commission (FJSC) to deal with it. Tuesday’s meeting of the NJC held at its secretariat was presided over by Justice Umaru Abdullahi, a former President of the Court of Appeal, who was elected as interim chairman at the meeting. The meeting considered four petitions. The petitions are: The petition against Justice W.S.N.Onnoghen, written by Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education; the petition against Justice Ibrahim Tanko Muhammad, written by Centre for Justice and Peace Initiative; the petition against Justice Ibrahim Tanko Muhammad, written by Olisa Agbakoba, SAN, and the petition against Danladi Yakubu Umar, Chairman, Code of Conduct Tribunal by Centre for Justice and Peace Initiative. Council referred the petition against Hon. Danladi Yakubu Umar to the Federal Judicial Service Commission (FJSC) which is the appropriate constitutional body empowered to deal with it. In line with its procedure, Council also forwarded the petitions against Justices W.S.N. Onnoghen, GCON and I. T. Muhammad, to them for their responses. It said that in view of the gravity of the matters involved, Council abridged the usual response period from fourteen (14) to seven (7) working days for the Hon. Justices to respond. Justice W. S. N. Onnoghen and Justice I.T. Muhammad who are statutory members of the NJC, recused themselves from the meeting. Consequently, Council elected Justice Umaru Abdullahi, a former President of the Court of Appeal, as Interim Chairman to preside over the meeting. The Council will reconvene on the 11th February, 2019 to take decision on the matter. Meanwhile, twenty – four hours after he petitioned the National Judicial Council NJC over allegations of gross misconduct against the acting Chief Justice of Nigeria, Justice Ibrahim Tanko Mohammed, former President of the Nigerian Bar Association NBA, Dr. Olisa Agbakoba SAN, on Tuesday, petitioned the NBA over gross misconduct against the Chairman, Code of Conduct Tribunal, Mr. Danladi Umar. Mr. Danladi Umar, is said to have granted an ex parte application which on its face was defective having not set out on record the counsel that made the application. According to Dr. Agbakoba SAN, this ex parte order prompted the President, Muhammadu Buhari, to suspend the Chief Justice of Nigeria, Justice Walter Nkanu Onnoghen and replaced him with an acting CJN, Justice Ibrahim Tanko Mohammed last week Friday throwing the third arm of government into total disarray. He therefore urged the Legal Practitioners Disciplinary Committee to expel Mr. Umar, who is not a judicial officer, from the roll of legal practitioners in Nigeria in order to serve as a deterrent to others. The petition which was addressed to the General Secretary of the lawyers’ umbrella body and titled: Petition Against Danladi Umar, Chairman Code of Conduct Tribunal reads in part: “On January 14th, 2019, the Code of Conduct Tribunal (CCT) of which Mr. Danladi Umar is Chairman assumed jurisdiction in a matter against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen knowing the CCT had no jurisdiction in view of CCT’s own decision in the case of Hon. Justice Sylvester Ngwuta which also involved Asset Declaration. The Court of Appeal in Nganjiwa v. FRN (2017) LPELR-43391 (CA) held that allegations of misconduct against a serving Judicial officer must first be referred to and handled by the National Judicial Council (NJC). It is only after the NJC has entertained and made a finding or pronouncement on the allegation against a Judicial officer and recommended to the President or Governor as the case may be, the removal of such judicial officer, and the recommendation is accepted and acted upon by the appropriate authority, that the prosecuting agencies of the Federal Government can proceed against such judicial officer to make him face the full wrath of the law.
Mr. Danladi Umar knew the state of the law yet acted otherwise. Mr Umar’s misconduct has created a constitutional crisis and brought great embarrassment to the Legal profession. “On January 23, 2019, the Code of Conduct Tribunal of which Mr. Danladi Umar is Chairman issued an Exparte Order which on its face is clearly defective having not set out on record the Counsel that made the application. This gives the impression the CCT may have drawn up the Application on itself. This led the President of Nigeria to purportedly suspend the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen and purportedly appoint an Acting Chief Justice of Nigeria, Hon. Justice Tanko Mohammed, as the Acting Chief Justice of Nigeria. Mr Umar’s misconduct has created a constitutional crisis and brought great embarrassment to the Legal profession. “The Chairman of the Code of Conduct Tribunal, Mr. Danladi Umar is on trial at the Federal High Court of the Federal Capital Territory, Abuja for allegedly demanding a bribe of N10million from one Mr. Rasheed Owolabi Taiwo in 2012. The alleged demand was made in relation to a case (CCT/ABJ/03/12) involving Mr. Taiwo, an offence contrary to Section 12(1) (a) and (b) of the Corrupt Practices and Other Related Offences Act, 2003. “The Chairman of the Code of Conduct Tribunal, Mr. Danladi Umar not being a Judicial Officer is subject to the Legal Practitioners Disciplinary Committee.
In the light of these violations of the Rules of Professional Conduct, we pray the Legal Practitioners Disciplinary Committee direct that the name of Mr. Danladi Umar be struck out of the Roll of Legal Practitioners in Nigeria.