Uncertainty as CCT begins Onnoghen’s trial today

…Suspended CJN, tribunal disagree over continuation of trial

…Stakeholders seek soft landing for embattled CJN

Adrew Orolua, Doosuur Iwambe, Abuja and Peter Fowoyo, Lagos

Despite the fixing of trial of the embattled suspended Chief Justice of Nigeria, Justice Walter Onnoghen, by the Code of Conduct Tribunal, there appears to be conflicting signal as to whether the trial will commence today. This is as a result of the 7 days ultimatum by the National Judicial Council (NJC), against Onnoghen over allegations of false assets declaration and the acting CJN, Justice Tanko Mohammed, to explain why disciplinary actions should not be taken against him for submitting himself to President Muhammadu Buhari to be sworn in as Onnoghen’s replacement. The NJC, which is an organ of the Judiciary is responsible for the appointment, promotion and discipline of judicial officers, took the decision at the end of an emergency meeting it held in Abuja last week following the suspension of the CJN by President Buhari. According to reports, lawyers representing the suspended CJN led by Chief Wole Olanipekun (SAN), allegedly visited Vice President Yemi Osibanjo to beg for a soft landing for Onnoghen. The lawyers were also alleged to have visited the Chief of Staff to the President, Abba Kyari, as part of moves to stop the arraignment of the embattled CJN. Account from different anonymous sources revealed that the main aim of the meeting was to stop Onnoghen’s arraignment today. Already, Onnoghen has been served with a notice of hearing by the Code of Conduct Tribunal, which means by law he is mandated to appear at the CCT today. A source at the meeting said: “We met with Abba Kyari around 10pm on Thursday because we knew he would guarantee our access to the President. “Our aim is to protect the exalted office of the CJN. The CJN must not sit in the dock on Monday (today), because doing such will demystify that office. The National Judicial Council is already attending to the case and a decision will be taken next week. “All we are asking is that the case on Monday (today) be delayed until after the NJC has made recommendations and in the event that he is recommended for dismissal, let him resign honourably and let the charges against him be withdrawn”. The source added that Kyari was told that although the allegation that the CJN failed to declare the assets in question was true, it was not true that Onnoghen had 50 houses as reported by some sections of the press. He said: “Kyari said he would relay our message to the President. However, he did not hesitate to inform us that the President did not want Onnoghen back as the head of the nation’s judiciary”. The CCT Chairman, Danladi Umar, had at the last sitting, adjourned the trial indefinitely on the orders of the Court of Appeal, Abuja division. The court had ordered the tribunal to stay further proceedings in the trial of Onnoghen till January 30, for the appellate court to deliver its ruling on the CJN’s motion filed at the court. However, following the dismissal of Onnoghen’s motion at the Court of Appeal and the expiration of the appellate court’s order, which temporarily halted the trial, the CCT said it would now resume the trial on February 4 (today). According to a statement by the CCT’s Head of Press and Public Relations, Ibraheem Al-Hassan, the tribunal’s decision was sequel to a request by the Code of Conduct Bureau (CCB) for the resumption of the trial. The request which was titled: ‘Application for resumption of trial of the case of FRN V. Hon. Justice Onnoghen Nkanu Walter Samuel case No: CCT/ABJ/01/19,’ and addressed to the Chairman of CCT, read in part: “The above subject refers. This case came up for hearing of preliminary objection to the jurisdiction of the Tribunal on January 28, 2019 but the tribunal could not proceed due to the pendency of the case at the Court of Appeal. “However, in the wake of this afternoon, January 30, 2019 the Court of Appeal has thrown out the appeal. “Consequently on the above, we urge the honourable tribunal to give us a date for resumption of the trial subject to the convenience of the tribunal; Most obliged my lord.’’ The CCB application dated January 30, 2019, was jointly signed by Musa Ibrahim Usman and Fatima Danjuma Ali. The suspended CJN is expected to respond to a six-count charge of false asset declaration against him upon his arraignment. Onnoghen is specifically accused of failing to declare some funds in his domiciliary accounts with the Standard Chartered Bank, Wuse 2 branch, Abuja as at when due. Meanwhile, The Daily Times gathered on Sunday that beside the pending applications before the Code of Tribunal, the prosecution team would attempt to put Onnoghen in the dock to take plea on the six count charge if the defendant appears at the tribunal. Sources close to the prosecution team said they are prepared to push for Onnoghen arraignment since the encumbrance that had hindered his arraignment has been removed by his suspension from office and the Court of Appeal ruling. The source also hinted that in the event that Onnoghen continues to insist that the tribunal lacked the jurisdiction to trial him, the prosecution will apply for an order of warrant of arrest to bring Onnoghen to face the trial. As the prosecution plots to have its way, the defence team of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, is planning to secure adjournment on the ground that Onnoghen’s appeal challenging the tribunal’s jurisdiction is being heard by Court of Appeal. The defence also is planning to ask the Chairman of the Code of Conduct Tribunal, Danladi Umar, to disqualify himself from the trial. The application for recusal will be based on the fact that Umar has been charged by the Economic and Financial Crimes Commission (EFCC) for fraud and thus cannot be trusted to deliver a fair judgement. “The CCT chairman has been acting in a way that suggests that we may not get a fair hearing.” “It is very possible that he is even being blackmailed by those who want Onnoghen out. So, what we want is for him to step aside. We will make that application on Monday all things being equal.” Umar was accused of collecting N10 million from Rasheed Taiwo, a former Customs official who was facing false assets declaration charges before the Code of Conduct Tribunal sometimes in 2012. The EFCC had, last year, filed fresh charges of fraud against Umar on counts prepared by Festus Keyamo (SAN), an EFCC prosecutor and now the spokesman for the Buhari Campaign Organisation. The defence will also rely on a letter written by two other members of the CCT – Justice Robert Odu (rtd) and Justice Agwaza Atedze – asking former President Goodluck Jonathan to investigate the CCT chairman. The letter, dated April 4, 2014, was addressed to Jonathan through the Office of the Secretary to the Government of the Federation. While the prosecution team is consistently pushing for Onnoghen’s arraignment, some government officials believed the reality on ground with the intervention of the National Judicial Council (NJC) no longer favoured government desire to have Justice Ibrahim Muhammad as the acting Chief Justice of Nigeria. Top government officials behind Onnoghen suspension and trial are now worried that NJC which had queried Justices Onnoghen and Muhammad may send them on compulsory retirement on February 14, thus jeopardising government’s plan to have Justice Muhammad head the Judiciary during this trying period of elections. This group of officials are seeking a political solution to the whole crisis hoping that dialogue, reasoning and pressure would prevail to make Justice Onnoghen resign and the government to drop charges against him. Meanwhile, Rights Activist, Mr. Femi Falana, SAN, has asked the Federal Government to immediately withdraw the criminal charges filed by the Attorney General of the Federation, Abubakar Malami, SAN, against the suspended Chief Justice of Nigeria, Justice Walter Nkanu Onnoghen. Falana, who described such move as prosecutorial misadventure, stated that since a petition had been submitted to the National Judicial Council alleging grave misconduct against the CJN, the charge against Onnoghen ought not to have been instituted at the Code of Conduct Tribunal. In the letter dated February 2 and addressed to the Attorney General of Federation and Minister of Justice, Abubakar Malami, Falana faulted the move and asked him to advise President Muhammadu Buhari to reverse the suspension. He maintained that a public officer could not be removed from office on the basis of an ex parte order granted by any Court or Tribunal. Part of the letter read: “Since the charge of false declaration of assets was filed against the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal, by the Code of Conduct Bureau, I have repeatedly requested you to use your good offices to discontinue the case. My request was anchored on the case of Elelu-Habeeb v Attorney-General of the Federation & Ors (2012) 40 WRN 1 where the Supreme Court held that by virtue of Section 292 of the Constitution of Nigeria, the head of any of the judicial arms of State and Federal Governments cannot be removed from office without a prior investigation conducted by the National Judicial Council. “Having confirmed that you have since submitted a petition to the National Judicial Council alleging grave misconduct against the Chief Justice, I am compelled to request you, once again, to file a nolle prosequi to discontinue the charge pending against his Lordship at the Code of Conduct Tribunal without any further delay. “The charge should not be allowed to hang like a Sword of Damocles on the head of the Chief Justice while he is being investigated by the National Judicial Council. In view of your implicit confidence in the ability of members of the National Judicial Council to resolve the matter you ought to accede to the request to terminate the proceedings at the Code of Conduct Tribunal forthwith. “Even though by virtue of Paragraph 10 (2) (a) of Part 1 of the Fifth Schedule to the 1999 Constitution (as amended) the Code of Conduct Tribunal is empowered to order any public officer to vacate office, the power cannot be exercised until such a public officer has been tried and convicted for breaching the provisions of the code of conduct for pubic officers. “But as a public officer cannot be removed from office on the basis of an ex parte order granted by any Court or Tribunal in Nigeria, we urge you to advise President Buhari to reverse the suspension of the Chief Justice. “Once the suspension is reversed, Justice Walter Onnoghen will then be prevailed upon to resign as the Chief Justice having lost the moral authority to preside over the affairs on the juridical organ of the Government of the Federation. “However, if his Lordship does not call it quits or if the National Judicial Council does not recommend his removal from office, you may wish to exercise your powers under section 174 of the Constitution to prosecute him for failure to declare his assets which is a punishable offence under the Code of Conduct Bureau and Tribunal Act.”