Lukgaf:
Applying the above principle to the case under review, it is clear that the man in the eye of the storm has two capacities: he is a judicial officer and also a public officer, but yet he is one person: Hon. Justice Walter N. Onnoghen, CJN.

Two questions are pertinent to raise in this circumstance: Does the Hon. CJN’s duty to declare his asset arise from his being a judicial officer or from being a public officer? The other questions is: the man standing trial before CCT in what capacity is he being dragged to the tribunal? As the Chief Justice of Nigeria, as a public officer or as both? In my opinion, the two capacities are interwoven.
The CJN has a duty to declare his asset because he is a public officer, but lest we forget, he actually became a public officer on the strength of being a judicial officer, and this is where the Shariah-devised instrument of tanqih al-manaat becomes handy. Through what is known as a process of isolating probable effective causes of an event, one can safely argue that the overriding reason why the Hon. CJN is being charged before the tribunal is because he is a public officer and not because he is a judicial officer. And this explains why non-judicial officers are also tried by the same tribunal in their respective capacities as public officers, the Hon CJN’s trial, being a public officer and fifth in the hierarchy, should therefore not be an exception. After all, not quite long ago the number three citizen and the President of the Senate of the Federal Republic of Nigeria was also tried by the same tribunal. What is more, Para 5, Part II of the Fifth Schedule to the 1999 Constitution categorically mentioned the CJN as a public officer “for the purposes of the Code of Conduct” (Emphasis mine). The underpinning principle in this case is therefore to recognize the fact that while all judicial officers are public officers, not all public officers are judicial officers; that the Hon. CJN is a public officer because he is a judicial officer, but not a judicial officer because he is a public officer, and the only court with an exclusive jurisdiction to try public officers “for the purposes of the Code of Conduct” is CCT as expressly provided for in our Constitution.

Going by the word and spirit of our grundnum, the Constitution, the proper thing as envisaged therein is for public officers to be exclusively tried first by the CCT in matters of non-compliance with the Code of Conduct, after which relevant laws applying to them in their various capacities can then take effect. Anything different from this order will amount to putting the cart before the horse, or even worse still may qualify as a device to deprive the CCT of its constitutionally guaranteed jurisdiction. For instance, with due respect to those calling for the CJN to be investigated/tried first by NJC, what of if NJC finds the CJN indictable and subsequently recommends his removal from office, what justification is left for the CCT to exercise jurisdiction over someone who has ceased to be a public officer?

The call may also, in my humble opinion, be tantamount to inventing a back door immunity from criminal prosecution for the CJN without any constitutional backing. Let the CCT exercise its jurisdiction in this matter as its affects a public officer, in this case the Hon. CJN, and thereafter the NJC to weigh its options to either remove or keep as its head someone that has been tried and indicted or discharged and acquitted, as the case may be. This appears to be more in tandem with the law, sound reasoning and morality.


Prof. A. A. Alaro is of the Faculty of Law, University of Ilorin, Ilorin,

GlorifiedTunde:
Succinctly articulated!







This is the problem we have in this nation! YOU!

We have been all pre-formatted not to welcome any idea or submission or intellectual analysis that comes from a different "Religion", "Ethnicity", "Gender", "Race" etc.

I am sure many of you didn't read the write-up before churning out your myopic and ridiculous views!

I am an unrepentant Christian!

But I have read a brilliant submission that has incorporated a perfect similitude, only for persons with sound cognitive ability to digest and decide!

You all are a bunch of embarrassment to the words "Education" and "Literacy"!!

LZAA:
Wtf did i jus read
Kai
Cc yarimo imperialyoruba deomelo velocity25 pythonamaka

GlorifiedTunde:
Succinctly articulated!

When you look at the present youth we have in the country, you almost give up on Nigeria, not tolerant, not intelligent and worst of all not willing to correct his ill informed ways. I don't know what to say.

Would they have said all these rubbish if a pastor were to come up and give biblical perspective to the issue on ground? I believe they'll welcome it and even support it with more biblical quotes
















This is the problem we have in this nation! YOU!

We have all been pre-formatted not to welcome any idea or submission or intellectual analysis that comes from a different "Religion", "Ethnicity", "Gender", "Race" etc.

I am sure many of you didn't read the write-up before churning out your myopic and ridiculous views!

I am an unrepentant Christian!

But I have read a brilliant submission that has incorporated a perfect similitude, only for persons with sound cognitive ability to digest and decide!

You all are a bunch of embarrassment to the words "Education" and "Literacy"!!

Mystick:
The Senate President case and CJN case are similar. Why didn't the President remove the SP? Answer: He has no such power, he needs 2/3 of the Senators vote to do that.
For the CJN, he needs the recommendation of the NJC to constitutionally remove him. Islamic law has no input in this.

Esseite:
They have already declared Onnoghen guilty of corruption without a competent court saying so, when his only crime is on declaration of asset which the law gives an avenue to be corrected.

If you have a corrupt case against him, you take it to court. The court would address those who deposited money into those accounts through BVN/evidences

Eg: having a job of N50k/month but could afford a car of N1m through other means does not make you corrupt.

11. Declaration of Assets - Subject to the
provisions of this Constitution, every public officer
shall within three months after the coming into
force of this Code of Conduct or immediately after
taking office and thereafter :
(a) at the end of every four years; and
(b) at the end of the term of office;
submit to the Code of Conduct Bureau a written
declaration of all his properties, assets and
liabilities and those of his unmarried children
under the age of 18 years.

GlorifiedTunde:
Succinctly articulated!
















This is the problem we have in this nation! YOU!

We have all been pre-formatted not to welcome any idea or submission or intellectual analysis that comes from a different "Religion", "Ethnicity", "Gender", "Race" etc.

I am sure many of you didn't read the write-up before churning out your myopic and ridiculous views!

I am an unrepentant Christian!

But I have read a brilliant submission that has incorporated a perfect similitude, only for persons with sound cognitive ability to digest and decide!

You all are a bunch of embarrassment to the words "Education" and "Literacy"!!

immhotep:

The incompetent professor wants to defend the Daura du.llard by converting the Nigerian constitution into Sharia law

GlorifiedTunde:
Succinctly articulated!
















This is the problem we have in this nation! YOU!

We have all been pre-formatted not to welcome any idea or submission or intellectual analysis that comes from a different "Religion", "Ethnicity", "Gender", "Race" etc.

I am sure many of you didn't read the write-up before churning out your myopic and ridiculous views!

I am an unrepentant Christian!

But I have read a brilliant submission that has incorporated a perfect similitude, only for persons with sound cognitive ability to digest and decide!

You all are a bunch of embarrassment to the words "Education" and "Literacy"!!

banio:
One of the things I drew from this write up is that Onnoghen is being tried by CCT because he is a civil servant. So if he resigns his travails will be over. Maybe then EFCC will step in.


Anyway which way, let the constitution be sacrosanct.

But over $1million is an unimaginable amount

adanny01:


That has been my first position in this matter.

An illegal and backdoor way to give judges an unconstitutional immunity.