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PMB Saved Nigeria From Embarrassment By Suspending Onnoghen - Tony Momoh by Reignzlord: 12:37am On Feb 03, 2019 |
Prince Tony Momoh, a national leader of the ruling All
Progressives Congress (APC ) and former Minister of
Information in this interview with TEMIDAYO AKINSUYI
speaks on the controversy trailing the suspension of former
Chief Justice of Nigeria(CJN), Walter Onnoghen and other
issues. Excerpts:
As a lawyer and someone who has held a high public office,
what is your perspective on the controversy trailing the
suspension of the former CJN, Justice Walter Onnoghen?
It is not what I think but I know what the law says. Section
172 of the Constitution says that every public officer at
federal level will abide by the provisions of the 5th Schedule.
The 5th schedule is the Code of Conduct provision in the
constitution. Then Section 209 says that every public servant
at the state level will abide by the provisions of the 5th
schedule. The first part of the 5th schedule creates the Code
of Conduct Bureau (CCB) and the Code of Conduct Tribunal
(CCT). Part 2 states those who are subject to the Code of
Conduct Bureau and the Code of Conduct Tribunal. The first
on the list is the President and the Vice-President. Going
down the line, you will see the Chief Justice of Nigeria and
other judicial officers. Going down the line, you will see the
President of the Code of Conduct Bureau and the Chairman
of the Code of Conduct Tribunal. All public officers both at
the state and federal level are subject to the provisions of the
Code of Conduct . Before they take office, they swear to
abide by the provisions of the Code of Conduct. Whether you
are taking the office of President, Governor, National
Assembly or Chairman of Local Government, all public
officers at the state or federal level swear to abide by the
Code of Conduct provision in the constitution. If you are
taking office, the CCB will give you a form to fill declaring
your assets. If you declare your assets, every four years, you
renew that declaration. If anything turns up before the four
years, you will revisit that declaration. If there is any problem
about you declaring, they will ask you and then you react. If
they think it is necessary, they refer you to the CCT.
What then are the functions of the CCT?
The CCT is not a court, it is a disciplinarian body that
disciplines those who are working at both the federal and
state level. So, technically, the CCT has no jurisdiction over
those who are not public servants. Public servants are those
listed under Part 2 of the Schedule, starting with the
President down to the Councillor. It means therefore that
you are not protected by the immunity which Section 308 of
the Constitution grants to the President, Vice-President,
Governors and Deputy Governors. There is however a
proviso. The protection by immunity is during the period of
office when they are performing the functions of office. No
court can try these four persons during that period. But you
can be investigated and when you are investigated, there are
two bodies that will deal with you, that is the House of
Assembly in the case of the governor and the National
Assembly in the case of the President through a process
called impeachment. Then the other body is the CCB and the
CCT.
Your own functions are in Schedule 7 when you take the
oath of office. Before you assume office, you take the oath of
allegiance to the constitution of Nigeria and then the oath of
office. The President, Vice-President, Governors and
Deputies, Ministers and lawmakers all take the oath of
allegiance where what they are supposed to do is spelt out.
There is nowhere in that oath of office where it is said that
you will be corrupt or be a money launderer. So, if you look at
it, the immunity clause does not protect anyone who is
corrupt because corruption or money laundering are not
functions of an office.
If for instance, there is anything about filling the forms; it will
go to the CCB and not any other person. That is the body
that monitors the performance of your office irrespective of
your position or the office you are holding.
Some are arguing that the CJN should have been made to
appear before the National Judicial Council (NJC) and not
the CCT. What is your take on that?
If there is anything wrong with your asset declaration, it will
go to the CCT. You don’t take your case to NJC or any other
body. The NJC is a disciplinary body for judicial officers and
when you do anything wrong in the performance of your
functions as a judicial officer, you go there. Anything that
has to with criminal acts goes to either the High Court or
CCT.
So, if I were the CJN, since I have agreed that there was
something wrong in my filling of forms which calls my
integrity to question, I will resign. I put all the blame on the
CJN. As far as I am concerned, since he has accepted that
there is irregularity in his filling of forms, let him save us all
the trouble by resigning or stepping aside.
Do you think President Buhari breached the constitution by
suspending him from office?
If you refuse to step down after you have admitted guilt,
what do you think will happen? You think the whole world
should be laughing at us that we have corrupt officers in our
government? Someone should save us the embarrassment
that Onnoghen’s remaining in office is causing us and that is
what President Buhari has done by suspending him.
What is your take on the recent claim by former President
Olusegun Obasanjo that President Buhari is behaving like a
dictator and that he has perfected plans to rig the
forthcoming presidential election?
Looking at Obasanjo, my own take is that he has established
himself as the most present former head of state in the
history of Nigeria. He is present and vocal in every regime.
He was present during Shagari’s time, he was present during
Buhari’s first coming between 1984 and 1985, he was
present during Babangida’s era between 1985 and 1993, he
was present during Abacha’s time from 1993 to 1998, he
was present during Abdulsalami Abubakar’s time, he was
present during his own regime when he worked with Atiku
Abubakar, whom he said can never be anything but has now
come to be his agent. He was present during Umaru
Yar’Adua’s time, he was present during Jonathan’s time and
he is also present now. So, there is no time he has not
shown his presence at any regime and God has given him
good health for him to be able to be active.
But looking at his records, he has shown to the average
person that he is a loser and unfortunate nuisance. Obasanjo
is national nuisance. To him, there is no other person apart
from Obasanjo. He is very active but wants to continue to be
in power when he is no longer in power.
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