The storm is yet to end or abet but only taking a more turbulent form as the matter keeps unfolding. When the undeclared assets by the CJN in his assets declaration form to Code of Conduct Bureau (CCB) issue first leaked to the public domain while the matter was still under investigation by the CCB, the NBA and gullible Nigerians (informed & uninformed) raged and rose in unison în condemnation of the action of the CCB. Worse still was when President Muhammadu Buhari (PMB) suspended the former (CJN) based on the outcome of CCB's investigation that the former CJN had a case to answer and then charged accordingly to appear before it to defend himself . The drama lasted for 14 days and 14 nights which gave the NBA and well meaning Nigerians and well wishers of the CJN and Nigerians ample opportunity to intervene in the matter. Their intervention would have saved the entangled, ensnared and embattled CJN, the judiciary and the country from further embarrassment and public odium their inaction had engendered. Without equivocation, it should be admitted that the inaction of NBA to act decisively on the platform of equity and integrity was a pratfall. It's action when it acted was off-the-cuff forgetting that it is onus on it to stand by the rule of law and defend it reasonably, stoutly and responsibly sans fear or favour no matter whose ox is gored. The NBA instead of doing the needful and the right thing decided to take path of dishonor by being emotional in it's outburst and sentimental in its actions.
NBA instead of looking for the truth and acting on it decided to ignobly condemn the decision of the CCB that ordered the then CJN SWN Onnoghen to appear before it as it claimed that the CCB was not competent to handle the matter and so lacks jurisdiction. Is it not the same CCB that tried Bukola Saraki when he had a similar case.
If the CJN had refused or failed to appear before the CCB it then would have amounted to being mea culpa. It could also mean he was megalomaniac,couched, naive and outrightly uncivilized. His knowledge of law and bonafides to be the CJN could become questionable and doubtable. But he sent No 6 SAN's primarily with 200 others in solidarity to represent him. He exhibited maturity and knowledge of the law when he made himself available to CCB.
The CJN later almost collapsed his stand to NBA undue pressure when the matter was ongoing by refusing to attend another sitting. That prompted the CCB to issue a bench warrant for his arrest to Inspector General of Police and DSS to produce him in court if he failed to appear on the adjourned date. Eventually he went to save himself the insult and embarrassmepnt,debasement, humiliation and intimidation of arrest and possible detention. The probability of his being taken under handcuffs was not ruled out. What an embarrassment to his person, the judiciary, his now family and posterity had he been arrested and jailed? Your guess is as good as you may wish. Would the NBA leadership go to the gulage or dungeon with him if jailed by bench warrant? Moreso, in law I learnt that if any allegation is made against someone and he/she refuses to reply or ignores it or fails to defend himself, it means admittance of guilt. The lawyers fail to realise this. With the benefit of hindsight, the NBA and SWN Onnoghen forget so soon the melodrama of his confirmation unlike the CJNs before him possibly on account of his state of origin, tribe and religion. This reminds one of the Biafra slogan, "Anyone surrounded by the enemy must be warry and vigilant and on red alert at all times to save his life"--(Onye ndilo mgbilu gbulu-gbulu na eche ndua nche mgbenine). Firstly the embattled CJN failed to realise this. Secondly his alleged romance with PDP and its Presidential candidate did not help matters. He ought to have been more careful to avoid falling into danger or mess he now finds himself. His alleged letter to PMB admitting that he omitted some of his assets in his asset declaration to CCB was a mistake. Thou this alleged letter was done with all honesty and integrity might have ditched him the more. It compounded his position making it more chancy instead of the salutary effect it was intended. With the 14 days and 14 nights interregnum the CJN should have engaged the President in a tete-a-tete and resolved the impasse in-house without much ado. The failure to do so made his case more fatal especially now the CCB has given it's verdict. If not NBA testy and often faulty assumption to defend the indefensible believing it knows it all, the situation would have taken a manageable dimension on win-win basis.
At this juncture, it may be recalled that some respected silks (SANs) from Lagos had a tete-a-tete with vice-president Yemi Osinbajo on how best to resolve the imbroglio on win-win basis. Though the VP did not give any commitment but tentatively advised the agreement first be conveyed to the ex CJN for consideration before he could make any move possibly to have a chat on it with the numero- uno. Surprisingly the ex-CJN did not buy into it. Rather he preferred to weather all hog against the tremendous odds to redeem his image by vindicating himself through the court. Another Godsend opportunity was wished away. Well, be it as it may, though the appeal is already fixed, the end may be inauspicious ceteris- et-paribus.
It may be said that the NBA inadvertently has put the ex CJN in quandary or quagmire if not in between schyla and Charybdis having lost the best opportune times to save himself. Can still find a way out using influential politicians and others to talk or to infiltrate the Presidency on his behalf.The Attorney General and Minister of Justice may discontinue with the matter as in other cases when instructed to do so by the Presidency.
When PMB suspended the CJN based on CCB findings/pronouncement that he had cases to answer, the NBA roared like a wounded Lion. It took to the streets, protested and demonstrated against the suspension. It tried to cause social unrest but the government handled it with equanimity, sangfroid and utmost maturity. Mr President was vilified, philipiced, condemned and dubbed a dictator. That he ignored the rule of law doing all he could to malign and take over the judiciary , make it an appendix of the Presidency or destroy it into-to. In spite of this unwarranted provocation Mr President was as usual stoic and more phlegmatic than ever.
But the point is that no man can be a Judge in a matter he/she is an interested party or seems so. Equity demands such person to step aside and not directly or indirectly by proxy take part in such proceedings. Ironically the NBA did not see that the then suspended CJN didn't do the needful. Being the only person as the chairman of NJC he failed to request PMB to appoint the next to him in order of seniority to acting capacity while he stepped aside on his volition. That would have ups his ante and oomph thereby boosting his ego. It could have as well advise NJC to advice the President. His failure to act promptly and discreetly compelled Mr President to act decisively in the best interest of justice The NBA sold a dummy to the public that the President's actions was premeditative and failed to realise that the CJN's actions could be viewed as prevaricative. However the president actions cannot be proven to be with any visible bias judging from court decisions on this matter so far..
From all the above , one could confirm the suspension of the CJN was in order, lawful and not with any prejudice. One should also bear in mind there is no constitutional provision that requires the President to consult with NJC before appointing acting CJN. That the President can appoint an Acting CJN without the approval or recourse to NJC when it becomes absolutely necessary to do so. That Mr President did not commit any infraction of the law that established NJC. That the President did not breach any provision of the constitution of Federal Republic of Nigeria 1999 as Amended.
Consequently, the NBA acted true to type to hocus pocus Nigerians by their hogwash. Thus it did by faling to PDP intrigue to politicise the matter by unknowingly entering into rough and tumble, mickey mouse, jerky built merger and be in cahoots with the main opposition party the PDP. As this was not enough the merger embarked brazenly on campaign of calumny against the ruling party APC and its Presidential candidate. Their action and the inability to read in between the lines caused more harm than good to both her image and the embattled ex-CJN. Considering the cheap blackmail to hoodwink the masses that the action of the president was mere witch hunting of the CJN, one may therefore conclude that the omission and commission of NBA is unwarranted, presumptuous and preposterous.
Permit me at this point to pose the following questions to NBA, you and me.
(1) Under what conditions does a matter involving a judicial officer (a judge) be referred to NJC to handle?
(2) Do the NBA know the difference between a professional misconduct and a crime against the state. If so let them boldly come out to tell the nation?
(3) Under which of the two - para 2 does the action or inaction of the ex CJN fall into with regard s to his asset declaration? Is it under NJC purview or Jurisdiction of the court?
(4) Can a man preside over or be part of adjudication team directly or indirectly by proxy in a matter he is a party to. Is his continued stay in office while the matter in which he is at the center point is being handled by a court in which he is the head not unlawful?
(5) Is the NBA aware that the embattled ex CJN wrote a letter to the President where he admitted and apologized for his mistake?
(6) Does NBA not know that the ex CJN is more matured and knows better than it. That's why he ignored her advice not to go to court and enlisted services of some big wigs to defend him before CCB?
(7) Is the NBA unaware that some well meant eminent and erudite big wigs (SAN's) approached the VP Professor Yemi Osinbajo to give the ex CJN a soft landing, save the nations judiciary and the nation from further odium, brokered a win-win for both sides but the CJN rejected such effort and preferred a full legal tussle?
( Does the NBA not know that the Senate President and the CJN unlike the President, Vice President and the State Governors do not enjoy immunity as provided by the Constitution of 1999 as amended of the Federal Republic of Nigeria?
I advice all who read this to answer the posed questions dispassionately.
(A) put yourself in position of NBA.
(B) Put yourself in position of the CJN.
(C) put yourself in the position of the presidency.
(D) As an impartial observer committed to rule of law.

Pls send to others on social media to contribute will love to see your reaction.

In my next write up, the implication of the merger and Olisa Aghakabas foul play will be brought to the fore.
Written by
Bji