Onnoghen: It’s assault, desecration of judiciary, says NBA

The Nigerian Bar Association,NBA, has condemned the planned arraignment of the Chief Justice of Nigeria, Justice Walter Onnoghen Onnoghen, on charges of non-declaration of assets as an assault on the judiciary.

The NBA, in a statement by its President, Paul Usoro, SAN, said the media trial of the CJN does not follow the rule of law and should be stopped.

The Code of Conduct Bureau has concluded plans to arraign the Chief Justice of Nigeria, Walter Onnoghen, for false declaration of assets on Monday.

The NBA, however, decried the speed at which charges were preferred against the CJN after the petition by a civil society group, Anti-Corruption and Research Based Data Initiative.

The statement read in part, “The Nigerian Bar Association unequivocally condemns this assault, intimidation, and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.


“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.

“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 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.

“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.

“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 naked 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 a 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.”

https://www.punchng.com/onnoghen-its-an-assault-desecration-of-judiciary-says-nba/amp/

Una never see anything
Just wait till the demonic lifeless antique wins another 4yrs,
Na then all "sai buharis" go knows say dem don enter one chance

I know he's planning to put a northerner,cos nepotism is in his blood

I pity the youth asking for this failure entity,is as if they operate different market or live in a different country from us,but no problem time will tell,

Very dull comment from a proper dullard.

The question is how true are these allegations and does he operate a foreign account that he did not declare? Simple!

Nigeria is being ruled by an archaic, stone age caveman

Buhari will never win this fight just like saraki saga

I weep for this nation. Why can't we call a spade a spade? How can a whole CJN say he forgot to declare an asset of over 250 millions? Here we're sectionalising, tribalising and bringing in sentiments to allow a coorupt CJN to be off the unimagined scandal. No wonder he acquitted Saraki over similar charges.

We shall see

Everything Buhari inherited he has destroyed within 3yrs.

The NBA chairman who is currently on trial for corruption, fraud and money laundering ? Tell me something else. Has he been discharged and acquitted? One thief supporting another.

JusticeSeeker:
I weep for this nation. Why can't we call a spade a spade? How can a whole CJN say he forgot to declare an asset of over 250 millions? Here we're sectionalising, tribalising and bringing in sentiments to allow a coorupt CJN to be off the unimagined scandal. No wonder he acquitted Saraki over similar charges.

The useless thieving soon to be former CJN has no shame. So if a contractor comes to his court and say that he forgot to execute a road contract after collecting 250 million contract sum, the useless CJN will set such a contractor free.

dawno2008:
Una never see anything
Just wait till the demonic lifeless antique wins another 4yrs,
Na then all "sai buharis" go knows say dem don enter one chance

I know he's planning to put a northerner,cos nepotism is in his blood

I pity the youth asking for this failure entity,is as if they operate different market or live in a different country from us,but no problem time will tell,

Yes, he will put a Northerner who will not forget that he has 250 million naira in a hidden account unlike your thieving brother.