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Cjn Onnoghen: The Big Buhari Blunder - Politics - Nairaland

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Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 9:23pm On Jan 12
President Muhammadu Buhari has just allowed the cabal holding him captive to rail-road him into a blunder which he cannot survive politically.
It is clear that the attempt to remove the CJN is politically motivated. The below report by the cable news makes it clear that the Executive Secretary of the ARDI which wrote the petition against the CJN is a former media Aide of Buhari and former National Publicity Secretary of the CPC. Picture of Dennis and Buhari together below.
What Buhari has done is to declare war on the Judiciary and he will lose big time.
The Code of Conduct Tribunal has no jurisdiction to try Judicial officers except prosecution is recommended by the National Judicial Council (NJC). The Tribunal itself said so. See copies of Ruling below.
Read and judge for yourself
“Dennis Aghanya, the author of the petition against Walter Onnoghen, chief justice of Nigeria (CJN), is President Muhammadu Buhari’s former media aide.

Aghanya is the executive secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), a civil society group that petitioned the Code of Conduct Bureau (CCB) over alleged non-declaration of assets by the CJN.

He was Buhari’s aide between 2009 and 2011 and the pioneer national publicity secretary of the Congress for Progressive Change (CPC). He is also the founding member of The Buhari Organisation (TBO).

When the national assembly had a face-off with the president over the lack of due process on the purchase of $496 million aircraft from the US, Aghanya appealed to the leadership of the national assembly to show understanding.

“For anyone to think of impeachment process against him is not right. We have many problems at hand. Violation of a constitutional provision is bad but it is worse to act in an immoral manner,” Aghanya had said.

In his recent petition, Aghanya accused the CJN of maintaining domiciliary foreign currencies accounts said to be contrary to relevant laws, especially for public office holders.

The group said its petition became necessary “bearing in mind the imminence of the 2019 General Elections and the overwhelming roles of the Judicial Arm both before and after”.

TheCable had earlier reported that there were moves to remove Onnoghen before the elections.

The trial of the CJN before the Code of Conduct Tribunal (CCT) is slated to commence on Monday.”

- The Cable report
https://www.thecable.ng/revealed-dennis-aghanya-author-of-petition-against-onnoghen-is-buharis-former-aide

3 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by GavelSlam: 9:25pm On Jan 12
Whatever the motivation, the question is, is he guilty?

4 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by baliyubla: 9:25pm On Jan 12
After reading through, see the rubbish the guy above came up with.

This remains the dullards biggest blunder and Nigerians would reap the political rewards next month.

7 Likes 2 Shares

Re: Cjn Onnoghen: The Big Buhari Blunder by ValCon888(m): 9:29pm On Jan 12
Op you deserve 3 bottles of big stout. Abeg make dem forward this thread to front page asap!

Lalasticlala food don done for here o!

1 Like 1 Share

Re: Cjn Onnoghen: The Big Buhari Blunder by Ekugbeh(m): 9:49pm On Jan 12
This is the real Wakanda story part2

1 Like

Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 10:16pm On Jan 12
ValCon888:

Op you deserve 3 bottles of big stout. Abeg make dem forward this thread to front page asap!

Lalasticlala food don done for here o!

You can be sure they won’t. My experience on Nairaland in respects of posts against Buhari and his henchmen is shocking. This country is doomed. We just pay lip service to getting our country on the right part but when it is time to walk the talk, we fail.
God help us

1 Like

Re: Cjn Onnoghen: The Big Buhari Blunder by Racoon(m): 10:17pm On Jan 12
This is a dangerous precedence.Imagine the silly catastrophic gaffes by this govt.The petition against CJN have not even been probed by the NJC.Just within a week the CCT received this they have put in plans to dock the CJN.

See how the whole process was just incredibly hastened up with a supersonic speed because of partisan interest.This sudden waking up fight is a declaration of war on the bench.

Meanwhile this government that is incredibly filled with morally corrupt persons have never taken any concrete action.

4 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 10:44pm On Jan 12
GavelSlam:
Whatever the motivation, the question is, is he guilty?
Your question is embarrassing.
Even a primary one pupil is aware of the popular dictum that every accused person is innocent until his guilt is determined.
You don’t determine guilt according to some beer-parlor rules but in accordance with the prescriptions of the law.
The Law, in this case has prescribed very clearly, that in respect of judicial officers, allegations against them MUST FIRST be made to the National Judicial Council (NJC). Both the NJC and the Code of Conduct Tribunal (CCT) were created by the Constitution and so each must be allowed to exercise their powers without interfering with the other. I will explain the reason why the matter must go to NJC first.
It is to protect the integrity of the Judiciary as an institution and not the individual Judge. It will be an embarrassment to the Judicial institution for a sitting Judge to be in the dock standing trial. If a Doctor is on trial for an offence, he doesn’t need to resign from his work and can go straight back to the hospital from the Court after a day’s trial but the institution of the Judiciary is different. The Constitution has established a complex system for dismissing Judges. The NJC tries them on the allegation. If they are found liable, the NJC recommends his dismissal. The recommendation then goes to the Senate first. If the Senate by an address supported by no less than 2/3 members recommends his dismissal to the President, then the President can order his dismissal.
So, the NJC could even make a recommendation to the Senate for dismissal of a Judge including the CJN and the Senate rejects the recommendation and the matter ends there; the Judge continues. But if the Senate by 2/3rds majority accepts the recommendation of the NJC to remove the Judge and the President acts on that recommendation, then the Judge is dismissed.
Once dismissed, he can now face criminal trial for the offences because he is no longer a sitting Judge. These are the provisions of our laws and MUST be followed.
To answer your question therefore: Onnoghen is not yet guilty.
The FG should follow due process. They don’t want to because the process will not finish before Election matters start and end. That is the real a of this shenanigans: TO HIJACK THE JUDICIARY BY FAIR OR FOUL MEANS

21 Likes 4 Shares

Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 10:57pm On Jan 12
Racoon:
This is a dangerous precedence.Imagine the silly catastrophic gaffes by this govt.The petition against CJN have not even been probed by the NJC.Just within a week the CCT received this they have put in plans to dock the CJN.

See how the whole process was just incredibly hastened up with a supersonic speed because of partisan interest.This sudden waking up fight is a declaration of war on the bench.

Meanwhile this government that is incredibly filled with morally corrupt persons have never taken any concrete action.

The Government is unimaginably corrupt and they have bought up most of the media. Don’t be surprised if this post is pulled down by Nairaland any moment from now.
Last week we put up a post in which we informed the public about an ongoing litigation over the fraudulent procurement of NYSC Certificates by some powerful persons in the Presidency for a PermSec. As soon as the post started gathering serious reactions from readers, the Mods on Nairaland pulled it down. An Editor in a major Newspaper told us they could not publish the story because the big men involved were friends of their publisher and that they had just facilitated their publisher meeting with the President two days prior.
I cried for Nigeria that day.
I never knew that we had descended so low as a people. You look at foreign media; they are fearless but here, it is brown-envelope and partisan journalism.
I nearly didn’t bother to put up this post but decided to in order to satisfy my conscience.
They can hide or pull it down if they like.
They will have to live with their conscience;
I have satisfied mine

19 Likes 4 Shares

Re: Cjn Onnoghen: The Big Buhari Blunder by macaphan007(m): 11:05pm On Jan 12
Nigeria is heading towards a cliff,and these fall will be a long free fall,we are in for a very long ride,trouble is brewing.

1 Like

Re: Cjn Onnoghen: The Big Buhari Blunder by Houseboy419: 11:06pm On Jan 12
Na wa o
Re: Cjn Onnoghen: The Big Buhari Blunder by macaphan007(m): 11:17pm On Jan 12
BigND:


The Government is unimaginably corrupt and they have bought up most of the media. Don’t be surprised if this post is pulled down by Nairaland any moment from now.
Last week we put up a post in which we informed the public about an ongoing litigation over the fraudulent procurement of NYSC Certificates by some powerful persons in the Presidency for a PermSec. As soon as the post started gathering serious reactions from readers, the Mods on Nairaland pulled it down. An Editor in a major Newspaper told us they could not publish the story because the big men involved were friends of their publisher and that they had just facilitated their publisher meeting with the President two days prior.
I cried for Nigeria that day.
I never knew that we had descended so low as a people. You look at foreign media; they are fearless but here, it is brown-envelope and partisan journalism.
I nearly didn’t bother to put up this post but decided to in order to satisfy my conscience.
They can hide or pull it down if they like.
They will have to live with their conscience;
I have satisfied mine
Look at the major Television stations,they openly show support to this tyrannical Govt, especially TVC,journalism in Nigeria is a joke, what all these guys care about is what fills their pocket, The media is helping this Govt to socially engineer the thinking of Nigerians.

its time to stay woke,there's more to what meets the eye,what these people don't know is,when poo eventually hits the fan,we all are going to be in the mess together.

2 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by slimfit1(m): 11:24pm On Jan 12
Buhari will divide this country or there will be a coup soon one of these things must happen. Karma will catch him what he did to Shagari. Hausa people getting jobs that most are not qualified for and smart to handle. Ok, we shall see.
Re: Cjn Onnoghen: The Big Buhari Blunder by Afamed: 11:28pm On Jan 12
BigND:
President Muhammadu Buhari has just allowed the cabal holding him captive to rail-road him into a blunder which he cannot survive politically.
It is clear that the attempt to remove the CJN is politically motivated. The below report by the cable news makes it clear that the Executive Secretary of the ARDI which wrote the petition against the CJN is a former media Aide of Buhari and former National Publicity Secretary of the CPC. Picture of Dennis and Buhari together below.
What Buhari has done is to declare war on the Judiciary and he will lose big time.
The Code of Conduct Tribunal has no jurisdiction to try Judicial officers except prosecution is recommended by the National Judicial Council (NJC). The Tribunal itself said so. See copies of Ruling below.
Read and judge for yourself
“Dennis Aghanya, the author of the petition against Walter Onnoghen, chief justice of Nigeria (CJN), is President Muhammadu Buhari’s former media aide.

Aghanya is the executive secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), a civil society group that petitioned the Code of Conduct Bureau (CCB) over alleged non-declaration of assets by the CJN.

He was Buhari’s aide between 2009 and 2011 and the pioneer national publicity secretary of the Congress for Progressive Change (CPC). He is also the founding member of The Buhari Organisation (TBO).

When the national assembly had a face-off with the president over the lack of due process on the purchase of $496 million aircraft from the US, Aghanya appealed to the leadership of the national assembly to show understanding.

“For anyone to think of impeachment process against him is not right. We have many problems at hand. Violation of a constitutional provision is bad but it is worse to act in an immoral manner,” Aghanya had said.

In his recent petition, Aghanya accused the CJN of maintaining domiciliary foreign currencies accounts said to be contrary to relevant laws, especially for public office holders.

The group said its petition became necessary “bearing in mind the imminence of the 2019 General Elections and the overwhelming roles of the Judicial Arm both before and after”.

TheCable had earlier reported that there were moves to remove Onnoghen before the elections.

The trial of the CJN before the Code of Conduct Tribunal (CCT) is slated to commence on Monday.”

- The Cable report
https://www.thecable.ng/revealed-dennis-aghanya-author-of-petition-against-onnoghen-is-buharis-former-aide
Here we are,always playing a political card.

1 Like 1 Share

Re: Cjn Onnoghen: The Big Buhari Blunder by slimfit1(m): 11:48pm On Jan 12
My four fathers say the dog that wants to go missing won't hear the whistle of its owner or hunter, Something like that sha. Buhari whoever is controlling you needs to think again oh because the next thing that will happen in this country will not leave people alive what I'm seeing is going to be bloody.
Re: Cjn Onnoghen: The Big Buhari Blunder by DerrickzB: 11:58pm On Jan 12
Hehehe.. BMCs are flying over this thread and avoiding it like plague!! God doesn't sleep.. that's all i know.. i wonder how executive wants to control the whole arms of govt..

1 Like

Re: Cjn Onnoghen: The Big Buhari Blunder by cybertron88: 12:19am On Jan 13
DerrickzB:
Hehehe.. BMCs are flying over this thread and avoiding it like plague!! God doesn't sleep.. that's all i know.. i wonder how executive wants to control the whole arms of govt..
They are not avoiding it. They are calling fellow zombies as they always hunt in packs. Watch how they'll derail the thread from the second page
Re: Cjn Onnoghen: The Big Buhari Blunder by SalamRushdie: 12:24am On Jan 13
Yesterday Night I prayed for Buhari to make a silly mistake and today I saw this ..Isnt God Great?
Re: Cjn Onnoghen: The Big Buhari Blunder by Yankee101: 12:31am On Jan 13
I regret to announce that a Buhari has surpassed an Abacha as the worst head of government Nigeria has ever produced.

He has recorded the:

Most deaths
Most hunger
Most devaluation
Most inflation
Most incompetent
Most nepotic
Most religiously fanatical
Most uneducated
Most myopic
Most instability

When your own wife criticizes your performance, posterity has no need of further proof, which abounds in superfluous measure.

2 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 12:53am On Jan 13
SalamRushdie:
Yesterday Night I prayed for Buhari to make a silly mistake and today I saw this ..Isnt God Great?

Silly mistake is putting it mildly.
THIS IS A HORRENDOUS MISTAKE.
The Presidency will soon find out and realize that this is too hot to handle and will retreat with their tail between their legs.
People just overrate the powers of the Presidency; what they call powers of the Presidency is actually dictatorship, but Nigerians have resisted such fascism before and will again.
What have they not done to remove Saraki and Dogara but failed flat on their face?
Is it the head of the Judiciary that they can remove so cheaply?
You will see what will happen in Court on Monday. The CJN has the full support of over 90% of Lawyers in Nigeria including those in APC who feel this is a step too far and realize what is at stake here. He also has the support of his colleague Judges.
The CCT have already previously ruled that they have no jurisdiction to try a Judge when another Supreme Court Judge was arraigned before them. They discharged Hon. Justice Sylvester Ngwuta without a trial just on Preliminary Objection to their jurisdiction. That position of the law is sacrosanct.
Under the law, it is only the NJC that has the powers to approve a complaint against a Judge before it can be presented to the CCB. If the NJC says a complaint lacks merit then that is the end of it though an appeal can lie from decisions of the NJC to the National Industrial Court and from there to the Court of Appeal and from there to the Supreme Court.
Furthermore, a Judge cannot be removed just because you filed a criminal charge against him. There are specific Constitutional procedures for removal of a Judge. Not even the NJC can remove or dismiss a Judge: they can only RECOMMEND to the Senate which is currently headed by Saraki. grin cool grin cheesy
When the Senate receives a recommendation for dismissal of a Judge from NJC, they debate it but that is if the Senate President lists it for debate anytime soon which may not happen before May 29th 2019 as the business of the Senate may not permit since there are more important things for the Senate to attend to grin cheesy.
When it is eventually debated, you require an address supported by 2/3rd of the Members of the Senate supporting the dismissal. Yes, you heard me right, not simple majority but two-thirds majority. The Presidency could not marshal two-thirds majority to remove Saraki, talk less of the CJN where even APC Senators from the South will vote against it. It is only if the Senate by an address supported by 2/3rd members endorses the recommendation for dismissal that the President can act on it. It is only after the President assents to the recommendation for dismissal of the Judge upon an address supported by 2/3rd majority of (109) Senators that a Judge stands dismissed. It is only after a Judge has been dismissed that the CCB can file charges against such Judge before the CCT.
From the foregoing, what do you think will happen?
All these arrogant zombies parading Nairaland and beating their chests about the awesome powers of the Presidency will soon be cut down to seize with their with their wings clipped wella.
And once the attempt to ILLEGALLY AND UNLAWFULLY remove the CJN fails as did the attempts to remove Saraki and Tambuwal, what do you think will be the fate of Buhari in the pre-election and post-election matters coming up?
The answer is blowing in the wind my friend.
SO YES BRO, GOD HAS ANSWERED YOUR PRAYERS BIG TIME

5 Likes

Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 1:34am On Jan 13
WHAT SOME SENIOR LAWYERS ARE SAYING
(FROM VANGUARD NEWSPAPERS)
SANs kick
Three senior advocates of Nigeria (SAN) who spoke on the CJN episode, last night, were scathing in their criticism of the action against Onnoghen. In his reaction, Sebastine Hon, SAN, said: “ While I know that the Chief Justice of Nigeria does not enjoy immunity from criminal prosecution, I see this move by the Federal Government as dangerously political and tendentious. Suddenly, we woke to see a petition leaked to the informal or social media, allegedly received by the Code of Conduct on 9th January, 2019. Suddenly, we are told charges have been filed against the CJN. Suddenly the Presidency is reportedly asking him to step aside! Was he interrogated or interviewed and his own reactions obtained? Why this supersonic rush? These steps are more political than honest. “There is an attempt to destroy the Judiciary or gag it; and in the latter situation, to hector it into submission. I personally say no to this! All Nigerians of goodwill must say no to this unprovoked assault on the Judiciary. “After unsuccessful attempts to reign in the National Assembly, the same unholy attention is beamed on the Judiciary. If this arm of government is destroyed, due process, constitutionalism and the rule of law will pave way to whimsical, narrow and brute force, at the instance of one man or a select few! I personally say no to this. “Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now? “The Federal prosecutors are also aware of extant decisions of the Court of Appeal, to the effect that unless and until the NJC pronounces a Judicial Officer guilty, he cannot be arraigned in court. Those authorities know full well that these decisions of the Court of Appeal have not been overruled; but they have decided to humiliate the CJN, by rushing some charges to the Tribunal and leaking same to the press over the weekend. “I strongly counsel the CJN not to heed the obviously unholy call that he should step aside. There is light, I am strongly persuaded, at the end of the tunnel!.” For his part, Yusuf Alli, SAN, stated: “To say that I am flustered and nonplussed is an understatement. We should not destroy our institutions. The judiciary is one of the most important institution in any country. We should not toy with the judiciary. While accusing everybody of being corrupt, we should not throw it around just because some people are happy. The Chief Justice of Nigeria is the epitome of Nigeria’s judicial system. We should just be very careful so that we don’t end up with the title of Chinua Achebe’s book, ‘ There was a country’.” Chief Chris Uche, SAN, reacting, said, “This is carrying the battle for 2019 too far. To attempt to intimidate and destroy the Judiciary because of the forthcoming presidential election is a ploy that must be stoutly and vehemently resisted by the legal community. The legal community must rise in unison against this attack on all of us. “We will not allow this to happen otherwise the legal profession is finished. The AGF should not allow himself to go down in history as the one under whose watch the judiciary in Nigeria was destroyed. His predecessors such as Clem Akpamgbo SAN, Abdullahi Ibrahim SAN, Bayo Ojo, SAN and others strove to strengthen the judiciary as an institution. Those who allow their heads to be used in breaking the coconut may not be around to drink the water therefrom.”

Read more at: https://www.vanguardngr.com/2019/01/assets-declaration-charges-ive-done-no-wrong-onnoghen/
Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 1:41am On Jan 13
OFFICIAL STATEMENT BY THE NIGERIAN BAR ASSOCIATION:

12 January 2019
Assault, Intimidation and Desecration of the Judiciary Must Stop
1. Nigerians have witnessed again the targeted assault of the judiciary by agents of the Federal Government of Nigeria (“FGN”) epitomized by today’s media trial of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”). According to media reports which have now been validated by the Statement of the Code of Conduct Tribunal (“CCT”) that was released today an application was “filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges” and that the CCT “will commence the trial on Monday, 14th January 2019”. The Nigerian Bar Association unequivocally condemns this assault, intimidation and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.
2. In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him. As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary. Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.
3. In Nganjiwa v FRN (supra), the Court of Appeal made reference to Rule 3 of the Revised Code of Conduct for Judicial Officers of February 2016 (“Code of Conduct for Judicial Officers”)and held that the said Rule 3 “makes provision in relation to fidelity to the Constitution and the Law”. The provisions in regard to assets declaration as they apply to all public officers including the CJN are contained in both the Constitution and the Code of Conduct Bureau and Tribunal Act 1991, the enabling law that establishes both the Code of Conduct Bureau (“CCB”) and the CCT. The fidelity which judicial officers therefore owe “to the Constitution and the Law” pursuant to Rule 3 of the Code of Conduct for Judicial Officers encompasses compliance with the provisions relating to assets declarations as contained in the Constitution and the Code of Conduct Bureau and Tribunal Act. Any infraction in that regard by a judicial officer, as the Court of Appeal rightly held, constitutes a misconduct by the judicial officer and becomes the subject matter for discipline by the NJC as a condition precedent to any possible prosecution of the judicial officer by any of the FGN’s prosecuting agencies.
4. Why has FGN decided to embark on this anomalous course of charging the CJN before the CCT without first presenting whatever facts it purportedly has against His Lordship to the NJC for its deliberation and determination? The Petition that triggered the CCB action was on its face received by the Bureau on 09 January 2019 and the Charge was promptly drafted and is dated the following day, 10 January 2019 – giving the CCB a record 24 hours for completion of its investigation and the drafting of the said Charge and ancillary processes! If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of Charge and ancillary processes and the arraignment! Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.
5. We still wonder why the FGN choose to deviate from the laid down and explicit provisions of the law as expounded in Nganjiwa v FRN (supra). Could it be that it was misadvised? Or is this a Unclad show of power and force by agencies of the FGN? And why embark on the media trial of the CJN? This, unfortunately, is a predilection of the FGN’s prosecuting agencies with the possible exception of the Federal Ministry of Justice. As the NBA pointed out in its International Anti-Corruption Day Statement that was issued on 09 December 2018 “media trial of persons charged with corrupt practices . . . amount to corruption itself. Indeed, those orchestrated media trials degrade and corrupt the justice administration system quite apart from the incalculable (but obviously intended) damage that it does to persons who may ultimately be discharged and acquitted. In point of fact, it is corrupt practice to use as license or hide under the cover of the fight against corruption to recklessly destroy the names, characters and reputations of persons who have not been found guilty of corrupt practices by competent courts and who may ultimately be pronounced innocent of such charges.” These media trials must, alongside the on-going desecration and assault of the judiciary, cease forthwith.
5. There are two final issues that we must touch upon in this Statement, albeit, briefly. First, could it possibly be a coincidence that the current assault on the judiciary is taking place only weeks to the 2019 National Election? Apart from the conduct itself being wrongful and deplorable, its timing is condemnable. FGN will find it difficult to convince any reasonable person that its assault against the CJN and by extension the judiciary is not aimed at emasculating that arm of the government and intimidating our Judges ahead of the 2019 National Elections. In our afore-referenced International Anti-Corruption Day Statement, the NBA had deplored “conducts that qualify as . . . political non-accountability, absence of transparency and impunity in public service.” The FGN’s conduct in this instance qualifies, amongst others, as “impunity in public service”.
6. As a final point, it is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government, to wit, the legislature and the judiciary, starting with the prosecution of the Senate President, Dr. Bukola Saraki, before the CCT and now, the ill-fated prosecution of the CJN before the same CCT. The impression must not be created that the agencies of the Executive arm of the FGN are interested in destabilizing and laying prostrate the other arms of the Government and in the process eliminating and destroying any and all voices of dissent and checks and balances. That is not desirable for the democracy that we strive to build neither is it good for the image of the Government. We urge restraint on the part of Government and demand that the CCB follow due process in proceeding against the CJN by complying with Nganjiwa’s Judgment (supra) and other similar judicial precedents. This continuing attack on the justice sector must cease forthwith. FGN and its agencies must desist from debasing the rule of law.

Paul Usoro, SAN President
Re: Cjn Onnoghen: The Big Buhari Blunder by BigND(m): 2:33am On Jan 13
Vanguard News Nigeria

Alleged Falsification Of Assets: CCT strikes out charges against Justice Ngwuta

 adekunle

8 months ago

…says FG failed to secure NJC’s approval
By Ikechukwu Nnochiri
ABUJA—-The Code of Conduct Tribunal, CCT, sitting in Abuja, on Tuesday, struck out 10-count charge the Federal Government preferred against Justice Sylvester Ngwuta of the Supreme Court who was accused of concealing some of his private assets.
Justice Sylvester Ngwuta of the Supreme Court
FG had in the charge marked CCT/ABJ/01/17, alleged that Justice Ngwuta had between June 2, 2011 and July 19, 2016, refused to declare his ownership of 28 plots of land to the Code of Conduct Bureau, CCB.

It accused the apex court jurist of engaging in private business as a public officer, contrary to Section 6(b) of the Code of Conduct Bureau and Tribunal Act.
FG alleged that Ngwuta’s refusal to declare his assets as a public officer, was contrary to section 15 of the Code of Conduct Bureau Act, Cap C15 Laws of the Federation of Nigeria 2004 and Punishable under Section 23(2) of the same Act.
However, before full-blown hearing could commence on the matter, the defendant, via a motion dated January 9, queried the jurisdiction of the tribunal to try him over charges he said was grossly incompetent.
He argued that by virtue of sections 318, 158(1) and Paragraph 21 (B) of the 3rd Schedule to the 1999 Constitution, the CCT, lacked the requisite jurisdiction to hear and determine the case against him.
The embattled jurist, through his team of lawyers led by a former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi, SAN, contended that allegations against him were never referred to the National Judicial Council, NJC, before the criminal charge was entered against him.
He claimed that as a serving judicial officer by virtue of his appointment into the Supreme Court bench, FG, ought to have inline with section 158 of the constitution, allowed the NJC to firstly exercise its disciplinary powers regarding all the allegations in the charge.
Ngwuta further drew the attention of the tribunal to the decision of the Court of Appeal in the case FG instituted against Justice Hyeladzira Nganjiwa of the Federal High Court, wherein the appellate court held that serving judicial officers could not be prosecuted for judicial misconduct or breach of trust, without prior investigation by the NJC.
He insisted that allegations that culminated to the charge against him, were never referred to or determined by the NJC.
However, FG, in a written address it filed in opposition to Ngwuta’s motion, maintained that the tribunal had powers and jurisdiction to try the case before it.
FG stressed that powers the constitution conferred on the CCT, made the Court of Appeal judgement in Nganjiwa’s case, inapplicable to the charge against Ngwuta
It told the tribunal that some “sorrounding circumstances” made Ngwuta’s case peculiar, even as it argued that under section 158(1) of the 1999 constitution, the powers vested on CCT were similarly vested on the NJC, making such powers mutually exclusive.
“The applicant is being tried as a public officer and not as a judicial officer. He is not charged for violating his oath of office as a judicial officer, but for violatiing the code of conduct for public officers.
“More over, the defendant is before this tribunal, not as a Justice of the Supreme Court, but as a public officer who we have said had in the discharge of his functions, breached the code of conduct for public officers”, FG’s lawyer, Mr. Abey Mohammed, SAN, argued.
Meanwhile, ruling on the matter on Tuesday, the Mr. Danladi Umar-led two man panel tribunal, upheld Justice Ngwuta’s argument and struck out charges against him.
While discharging the defendant, a member of the panel, Mr. William A. Atedze who read the ruling of the tribunal, held that Ngwuta being a serving judicial officer, was under the management, control and discipline of the NJC.
He maintained that NJC is a body whose independence from external control or interference is constitutionally provided for by section 158 (1) of the 1999 Constitution, as amended.
“What this means is that any allegation of official misconduct will first have to be referred to the National Judicial Council to the exclusion of any other body, court or Tribunal’’, the CCT held.
The tribunal dismissed FG’s position that the Supreme Court had yet to uphold the appellate court decision in Justice Nganjiwa’s case which Ngwuta relied upon.
The CCT held that the Court of Appeal verdict in the case against Justice Nganjiwa would remain extant till it is vacated.
“Judicial precedent is bidding for as long as it is subsisting and until such precedent is overturned by a higher court”, the tribunal ruled.
It will be recalled that the Federal High Court in Abuja had earlier dismissed a separate 18-count money laundering charge that FG also slammed against Justice Ngwuta.
Ngwuta was among seven superior court Judges that were arrested after a “sting operation” the Department of State Service, DSS, conducted between October 7 and 8, 2016.
Part of charges FG filed against him before the CCT included that he had “between 2nd June 2011 and 19th July 2016, while serving as a Justice of the Supreme Court of Nigeria and within the Jurisdiction of this Honourable Tribunal, did make a false declaration of assets” to the CCB when he failed to declare three duplexes at Chinedu Ogah Avenue, Ntezi, Aba in Abakaliki, while being a Justice of the Supreme Court.
He was alleged to have between June 2, 2011 and July 19, 2016, while serving as a Justice of the Supreme Court of Nigeria made a false declaration to the CCB when he failed to declare twenty-two plots of land at Chief Igwe Uga Avenue, Abakaliki, as well as failed to declare six plots of land at Frank Okoroafor Avenue, Abakaliki.
Other allegations was that he failed to declare Peugeot Saloon with Vehicle No: VRG55513890295200 and Chassis No: VF34B5FV9BS069213, Registration No: ABC566RL and count five revealed that he failed to declare a Wrangler Jeep with Vehicle No: VRG55535620346898 and Chassis No: IJ4GA591581626734, Registration No: RSH526AJ.
As well as allegedly engaging in purchase and sale of rice, palm oil and other related products, while being a Justice of the Supreme Court and thereby committed an offence contrary to Section 6 of the Code Conduct Bureau and Tribunal Act, Cap C15 Laws of the Federation of Nigeria 2004 and punishable under Section 23(2) of the same Act.

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Re: Cjn Onnoghen: The Big Buhari Blunder by amaechi1: 4:16am On Jan 13
baliyubla:
After reading through, see the rubbish the guy above came up with.

This remains the dullards biggest blunder and Nigerians would reap the political rewards next month.
Perhaps you did not read to comprehend. He simply asked is the man guilty as charge? Let him clear is name? Is there anything wrong with that?
Re: Cjn Onnoghen: The Big Buhari Blunder by Almaiga: 4:35am On Jan 13
Trash.
The CJN is not above the law. He goofed up and must be made to face the consequences.
I stand with Buhari.

Re: Cjn Onnoghen: The Big Buhari Blunder by jchioma: 6:23am On Jan 13
Almaiga:
Trash.
The CJN is not above the law. He goofed up and must be made to face the consequences.
I stand with Buhari.

Read and get sense.

Your zai baba in his desperation to hold on to power at all cost, put the cart before the horse and will now have himself to blame.

Nigerians are not all zombies.
Re: Cjn Onnoghen: The Big Buhari Blunder by UncleJudax(m): 6:49am On Jan 13
macaphan007:
Look at the major Television stations,they openly show support to this tyrannical Govt, especially TVC,journalism in Nigeria is a joke, what all these guys care about is what fills their pocket, The media is helping this Govt to socially engineer the thinking of Nigerians.

its time to stay woke,there's more to what meets the eye,what these people don't know is,when poo eventually hits the fan,we all are going to be in the mess together.
TVS's Journalists' Hangout is so brazenly pro APC/Buhari.

Especially that Babajide Otitoju. These guys are hungry
Re: Cjn Onnoghen: The Big Buhari Blunder by SweetJoystick(m): 7:20am On Jan 13
BigND:

Your question is embarrassing.
Even a primary one pupil is aware of the popular dictum that every accused person is innocent until his guilt is determined.
You don’t determine guilt according to some beer-parlor rules but in accordance with the prescriptions of the law.
The Law, in this case has prescribed very clearly, that in respect of judicial officers, allegations against them MUST FIRST be made to the National Judicial Council (NJC). Both the NJC and the Code of Conduct Tribunal (CCT) were created by the Constitution and so each must be allowed to exercise their powers without interfering with the other. I will explain the reason why the matter must go to NJC first.
It is to protect the integrity of the Judiciary as an institution and not the individual Judge. It will be an embarrassment to the Judicial institution for a sitting Judge to be in the dock standing trial. If a Doctor is on trial for an offence, he doesn’t need to resign from his work and can go straight back to the hospital from the Court after a day’s trial but the institution of the Judiciary is different. The Constitution has established a complex system for dismissing Judges. The NJC tries them on the allegation. If they are found liable, the NJC recommends his dismissal. The recommendation then goes to the Senate first. If the Senate by an address supported by no less than 2/3 members recommends his dismissal to the President, then the President can order his dismissal.
So, the NJC could even make a recommendation to the Senate for dismissal of a Judge including the CJN and the Senate rejects the recommendation and the matter ends there; the Judge continues. But if the Senate by 2/3rds majority accepts the recommendation of the NJC to remove the Judge and the President acts on that recommendation, then the Judge is dismissed.
Once dismissed, he can now face criminal trial for the offences because he is no longer a sitting Judge. These are the provisions of our laws and MUST be followed.
To answer your question therefore: Onnoghen is not yet guilty.
The FG should follow due process. They don’t want to because the process will not finish before Election matters start and end. That is the real a of this shenanigans: TO HIJACK THE JUDICIARY BY FAIR OR FOUL MEANS
You be lawyer?
Re: Cjn Onnoghen: The Big Buhari Blunder by macaphan007(m): 7:22am On Jan 13
UncleJudax:

TVS's Journalists' Hangout is so brazenly pro APC/Buhari.

Especially that Babajide Otitoju. These guys are hungry
Babajide is gradually losing my respect for him,they don't even allow any caller criticise the govt, they immediately cut the call,Channels too is doing the same,its just that they have a way of masking theirs.

This Govt has stuffed a gag in the throat of the press and its really appalling.
Re: Cjn Onnoghen: The Big Buhari Blunder by UncleJudax(m): 7:40am On Jan 13
macaphan007:
Babajide is gradually losing my respect for him,they don't even allow any caller criticise the govt, they immediately cut the call,Channels too is doing the same,its just that they have a way of masking theirs.

This Govt has stuffed a gag in the throat of the press and its really appalling.
I de tell you.
The media that are supposed to help in checkmating the Government have been bought up.

Wahala de
Re: Cjn Onnoghen: The Big Buhari Blunder by resty4(m): 7:55am On Jan 13
The APC and presidency has misfired,miscalculated again to their fall, south south be wise c what the Fulani intends to replace your son with his blood letting kindred, cow and gagged the judiciary. God de!

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