By Temidayo Akinsuyi

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.
https://www.independent.ng/buhari-saved-nigeria-from-embarrassment-by-suspending-onnoghen-tony-momoh/

but cannot save Nigeria from gandollar embarrassment

went further to degrade nigerians intelligence. by asking the technology used

What a neutral talk sir.....but what about those in power now that, we see launder our money? why haven't the cct or ccb take action proper on them

Lol

K

Can't wait to hear from this fool when we ship Lifeless back to daura

I only came here to read comments and laugh at wailers

I just figured it out when the US President called someone lifeless

The Judge all to have resigned to remove shame from Nigeria Judiciary

And what did the useless president did by allowing:
-Maina/Kemi Adeosun escape prosecution?
-Lawal Babachir as his NE coordinator for re-election, Abba Kyari remains the COS,
-Obono-Obla on seat despite his WAEC certificate forgery,
-OUK roaming free despite court warrant for his arrest,
-Not allowing EFCC/ICPC to investigate the Ganduje dollar bribe but stupidly asking for the "technology involved"?
-Oshiomole/Amaechi/Fashola/Obanikoro etc all free men?

It can only come from a Buhari ass lickers.

Zombie Chief has spoken

Indeed, one can't support the lifeless tyrant without sounding stupid


But why have men I had respect for fallen this low just because of personal gains?

G

Buhari would be daft if he hadn't suspended that CJN even his enemies would later share same opinion.
Just reason it out
PDP met in Dubai to strategize on how to win d election
Their plan leaked that d CJN is part of their tools
The CJN was discovered to have committed a grievous offence which he admitted to
But he needed to deliver at least part of his role in d atikulation agenda
He therefore refused to honourably resign and stopped the NJC meeting that might suspend
He hurriedly wanted to constitute the election tribunal
It is so obvious he is doing all these because he's corrupt and wants to deliver the judiciary to the opposition party.
Unfortunately, the incumbent party showed him they are wholly in charge

Did expect a sane president to siddon dey look and see himself booted out of office?
No he acted swiftly and rightly.
Sincerely, this is d Buhari Nigerians voted for and not the Baba go slow we had all been seeing..

Momoh said in 2016 that if they fail after two years that was 2018 last year , Nigerians should stone us to death.....

Babatunde fashola said also in 2015 , that for Nigeria to have 24 hours electricity , is no rocket science..

Buhari said in 2015 that Nigeria was going to focus on agriculture , and the naira , would equate the dollar , as well as making terrorism ,a thing of the past...

Lai Mohammed said in 2016 , when recession was at its peak , and millions lost their jobs ...that only 20% of a country ,with almost 200 million people were feeling the impact of the recession ...
do I say more
All this people and their cohorts sound stupid ,whenever they come to defend themselves or their leader ...it should be clear this administration ,would do nothing to benefit Nigerians , but themselves...

Buhari is the Leader Nigeria needed at this point in time.

Justice is no more for sale under Buhari, pdp take note.

What a shameful way to defend Buhari. Tufiakwa!!!

Who takes this old hypocritical fool serious again

After saviour buhari finished the saving, he plunged us into constitutional crisis

Fool!

None of the past Leaders can ever tried this because they have skeleton in their cupboard.

But why do Nigerian leaders like sitting tight and refusing to step aside for investigation? Can't we see how they do things in developed countries?

largeman4u:
The Judge all to have resigned to remove shame from Nigeria Judiciary

All these old folks including yourself are the problem we have in this country

Nigerians should thank Buhari for saving the country from embarrassment by voting massively in the forthcoming election.

opalu:
Lol

the stone is reported stolen.

When elder statesmen talk, you simply understand their ideas. not the criminals who module up issues citing technicalities.

A rock is coming ya way man

Due process was followed in the suspension but the fact is that the accomplice will always show solidarity to their corrupt fellow.

I may not agree totally with Momoh but I supported his argument that the CJN ought to have resigned or stepped aside for a proper investigation

Yohh:
Buhari would be daft if he hadn't suspended that CJN even his enemies would later share same opinion.
Just reason it out
PDP met in Dubai to strategize on how to win d election
Their plan leaked that d CJN is part of their tools
The CJN was discovered to have committed a grievous offence which he admitted to
But he needed to deliver at least part of his role in d atikulation agenda
He therefore refuse to honourably resign and refuse to convene the NJC meeting
He hurriedly wanted to constitute the election tribunal
It is so obvious he is doing all these because he's corrupt and wants to deliver the judiciary to the oppositio party.

Do u now expect a sane president to siddon dey look and see himself booted out of office?
No he acted swiftly and rightly.
Sincerely, this is d Buhari Nigerians voted for and not the Baba go slow we had all been seeing..

Yohh:
Buhari would be daft if he hadn't suspended that CJN even his enemies would later share same opinion.
Just reason it out
PDP met in Dubai to strategize on how to win d election
Their plan leaked that d CJN is part of their tools
The CJN was discovered to have committed a grievous offence which he admitted to
But he needed to deliver at least part of his role in d atikulation agenda
He therefore refuse to honourably resign and refuse to convene the NJC meeting
He hurriedly wanted to constitute the election tribunal
It is so obvious he is doing all these because he's corrupt and wants to deliver the judiciary to the oppositio party.

Do u now expect a sane president to siddon dey look and see himself booted out of office?
No he acted swiftly and rightly.
Sincerely, this is d Buhari Nigerians voted for and not the Baba go slow we had all been seeing..

All this fact less allegations about PDP meeting in Dubai .....is what" slimcase calls lamba"....
then listen to yourself so buhari knew onnoghen wanted to rig the election for PDP , so he put somebody who would rig the election for him , as a "smart" president.....nobody has any proof PDP wanting to use the CJN , to rig the election , but appointing a new CJN , few weeks to election clearly shows buhari's hands, are soiled... lastly if a president is slow towards implementation of policies that will better, the lives of his citizens , but is very smart towards policies that will help ,and aid his election rigging plans, and u are happy about it ....I'm deeply sorry for you and surprised at your "wisdom"...