Premium Times, an online news medium, has urged President Muhammadu Buhari to direct the withdrawal of the planned arraignment of Walter Onnoghen, Chief Justice of Nigeria, (CJN).

Mr Onnoghen is scheduled for arraignment before the Code of Conduct Tribunal on Monday, January 14, for allegedly omitting to declare his assets.

He is also accused of illegally operating five domiciliary accounts in various foreign currencies with Standard Chartered Bank since 2011.

Since the development was made public, Nigerians, including the opposition Peoples Democratic Party (PDP), are reading political meanings to the six-count charge against the CJN, particularly because of the role the judiciary will be playing as the nation elect its leaders next month.

Advising the All Progressive Congress (APC)-led administration to withdraw the charges against the jurist, the online news portal not only described the charges as illegal it added that there were unconstitutional. It cited some rulings of the judiciary to back up its claim.

“The most important reason why the CJN ought not to have been charged before the CCT, let alone being prepared for arraignment is because the charge is illegal and unconstitutional,” Premium Times said in a review report published on its website.

Premium Times argued that the head of the country’s judiciary cannot be prosecuted while in office until he is oust by the National Judicial Council which must take the decision if the judicial officer is found wanting after its investigation brought against any judge.

“The CJN is, in the eye of the law, presumed innocent, until he is proved and found guilty. Being charged at all, however, implicates his right to fair hearing, as many will start arguing that he should step down from office. In other words, once charged and arraigned, the likelihood is that calls will be made for him to vacate office, albeit temporarily, for integrity reasons. If, in the end, he is found not guilty, irreparable damage would have been done to his reputation and the integrity of the Judiciary.

“In NGANJIWA V. F. R.N, 2018, 4NWLR, Part 1609, Page 301, at page 339, para. G-page 352, para. E, the Court of Appeal (Lagos Division) held that no serving judge in Nigeria can be investigated or tried in a court of law, without first being removed from the Bench. A petition first must have been written against the judge, and he must have faced an administrative disciplinary process of the NJC for an alleged violation of the Code of Conduct for Judicial Officers, found guilty, recommended, by the NJC, for removal from office, and removed from office by the Executive arm of government. In short, only dismissed judicial officers can be investigated and prosecuted by the anti-corruption agencies. That decision is being appealed by the EFCC at the Supreme Court.

“The position we took when that decision was handed down was that the judgment had no constitutional basis. Judges ( unlike the President, Vice President, Governor and Deputy Governor) enjoy no immunity from investigation, arrest and prosecution, while they are in service. They do not enjoy executive immunity and are not covered by Section 308 of the Constitution. The Court, therefore, cannot grant to the judiciary an immunity the Constitution does not vest in it. The concept of judicial immunity only covers the exercise of the judicial powers of a judge and his jurisdiction. No civil action or criminal action may be taken against him in respect of his judicial work or decisions, but he is not shielded from criminal culpability if he commits a criminal offence while he is in office.

“The NGANJIWA Decision, however, remains the law in Nigeria today. Nigeria is a constitutional democracy under the rule of law. By virtue of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the judgment is binding on all authorities and persons in Nigeria, including the Executive Branch of Government at the “Federal” level, the Office of the Attorney-General of the Federation, the CCB and CCT.

“We support the fight against corruption in the public sector and in the Judiciary in particular. But this fight must be done in scrupulous conformity with the rule of law.

“In the light of the foregoing, we call on the President of Nigeria to direct that the charges filed against the CJN be withdrawn forthwith for its incompetence, even as the Administration continues to explore other legitimate and constitutional means to continue its fight against corrupt practices in our public life.

The allegations against the CJN may be grave, but justice cannot be served by resorting to patent illegalities,” the online paper said.

Source: https://politicstimesng.com/withdraw-planned-arraignment-of-onnoghen-premium-times-tells-buhari/

lalasticlala

What if life is a dream and death wakes us up?

Hmmm

Buhari said he has declared his assets and directed Nigerians to approach the CCB who refused to make the assets known to Nigerians.

Now, CJN Onnoghen declared his assets and the CCB is expected not to disclose content without the approval of the the accused.

I want to ask, who showed the APC group that filed the petition the assets declaration form of Onnoghen?

tsephanyah:
What if life is a dream and death wakes us up?

nice dp. is that you? if yes , I want to Marry u

Wait for the zombies to arrive

I need to get out of this shlthole of a country as soon as possible.

I'm sure Buhari himself does not declare all his assets....

what concerns PT with that?..are media houses not suppose to be neutral

Lawlessness everywhere.
Anyway, fingers crossed.

tsephanyah:
What if life is a dream and death wakes us up?

It doesn’t matter. Buhari will still be the best choice for president.

You cant really fight corruption in this country its just impossible because i wonder why this man can not be charged and be allowed to prove himself

Buratai who bought houses in Dubai with arms fund and soldiers allawee is untouchable.

criminalmindz:

nice dp. is that you? if yes , I want to Marry u

Marry ke...just like that?

With your criminal mind I know say na her pants you de target

I pity poor and average people in this country. ... the entire system fights valiantly for their own while expecting the average Nigerian to obey the law.

Premium times finally exposed where its loyalty and pretentious activism lies. With the corrupt and wicked.

gurunlocker:
I'm sure Buhari himself does not declare all his assets....

Don’t be so sure.

...

Nigeria is full of drama

Thank you for this civic call to the lifeless tyrant and his devilish party PT

criminalmindz:

nice dp. is that you? if yes , I want to Marry u

Look at you

It could be that the intention of the FG isn't to remove the CJN but to discredit, rattle and disorganize him ahead of the impending litigations that will arise from disputed elections.

Lest I forget, when is the PMB O'level certificate case coming up again?

Honestly, what nonsense nonsensitive nonsense is this nonsense?

criminalmindz:

nice dp. is that you? if yes , I want to Marry u

You are shooting your shoot under a very important national issue like this? Lol, good luck

Pmb cant read

no body above the law... ride on

Abeg carry follow � body... any connect inbox me abeg austinjo97@gmail.com

etebefia:
I need to get out of this shlthole of a country as soon as possible.

No Way!

The law must be made to take it course no matter who is involved.
Else we are setting a precedence that might weaken the texture of Judicial fabric.

The Law must be seen Working

The head of the country’s judiciary cannot be prosecuted while in office until he is oust by the National Judicial Council which must take the decision if the judicial officer is found wanting after its investigation brought against any judge.

But lifeless is so desperate to hold on to power by every means, including subverting the constitution, but he will lose woefully. Thank God, next month is failbuhari.

Odiegwu.
Nn'ayi ukwu bu eze onye agwalam o.

He listens to nobody... Smh