GRPolitics
CJN: YCE, Ohanaeze, SMBL knock FG as court stops trial
By Oliseama Okwuchukwu
The Federal High Court in Abuja on Monday stopped the Federal Government’s arraignment of the Chief Justice of Nigeria, Justice Walter Onnoghen, before the Code of Conduct Tribunal on charges of non-declaration of assets.
But as the case was going on in Abuja, more groups including the Yoruba Council of Elders, Ohanaeze Ndigbo, Southern and Middle Belt Forum and the Socio-Economic Rights and Accountability Project, came hard on the Federal Government for planning to plunge the country into crisis with the CJN’s trial.
The groups stated this on Monday while commenting on the arraignment of Justice Onnoghen on charges of non-declaration of assets.
They said the way the matter was being handled could plunge the nation into anarchy, saying due process must be followed so that the President Muhammadu Buhari administration would not be seen as being desperate to ease out the CJN.
However, ruling on two separate ex parte applications brought before her by different groups, Justice N.E. Maha, made an order restraining the Attorney-General of the Federation, Mr. Abubakar Malami, the CCT and its chairman, Danladi Umar; the Code of Conduct Bureau, the Inspector-General of Police, Mr. Ibrahim Idris; and others from taking steps in respect of the case till January 17.
Also restrained from taking steps concerning the court order were the National Judicial Council and the Senate President, Dr Bukola Saraki.
The judge ordered that the defendants be served with the processes filed by the defendants in the two suits.
She ordered the defendants to appear in court on January 17 for the hearing of the separate applications for interlocutory injunction to stop the prosecution from proceeding with the planned trial of the CJN.
She ruled in respect of the application filed by the incorporated trustees of the International Association of Student Economists and Management, on Monday, “It is hereby ordered as follows:
“That the defendants shall be served with all the processes filed in this suit and shall appear on January 17, 2019 for the hearing of the motion on notice.
“That in the meantime, parties shall maintain the status quo that exists as of today, January 14, 2019 and shall not take any steps that will interfere with the res or subject matter of the suit pending the hearing and determination of the motion on notice.
“That the matter is adjourned till January 17, 2019 for hearing.”
The Federal Government, had through the Code of Conduct Bureau, on Friday, January 11, filed six counts of non-declaration of assets against the CJN.
Justice Onnoghen was due for arraignment before the CCT on Monday but he was absent.
His absence, which his defence team led by Chief Wole Olanipekun (SAN), anchored on faulty service on court summons on him and their motion challenging the CCT’s jurisdiction, forced the tribunal to adjourn till January 22.
While the CCT proceedings were ongoing on Monday, the plaintiffs who obtained an order against the proceedings were filing their papers before the Federal High Court in Abuja.
Shortly after the filing, the matters were assigned to Justice Maha who heard the plaintiffs at about the time the CCT was concluding its Monday’s proceedings.
One of the two suits marked FHC/ABJ/CS/27/2019 was filed before the judge by incorporated trustees of the Centre for Justice and Peace Initiative.
Those joined as defendants in the suit are the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami, the Chairman of CCT, Danladi Umar; the National Judicial Council, the Inspector-General of Police, Mr. Ibrahim Idris, and the Senate President, Dr Bukola Saraki.
The other suit marked FHC/ABJ/CS/28/2019 was filed by the incorporated trustees of the International Association of Student Economists and Management.
The suit has as the defendants, the AGF Malami; the CCT, the CCB, the Chairman of CCT, Umar; and the Inspector-General of Police, Idris.
While the ex parte application in the suit FHC/ABJ/CS/27/2019 was moved by Mr. R.A. Lawal-Rabana (SAN), before Justice Maha on Monday, the one filed in the suit marked FHC/ABJ/CS/28/2019 was moved by Mr Jeph Njikonye.
The two plaintiffs have pending before the court their motions on notice seeking an interim injunction restraining the defendants in both suits from proceeding with the trial of the CJN pending the determination of their substantive suit.
By the Monday’s order of Justice Maha, the defendants are to appear before the court on Thursday to show cause why the order of interim injunction should not be granted.
The plaintiffs in both suits argued in their applications that the CJN, as a serving judicial officer, could not be prosecuted without first being disciplined by the NJC.
They argued that the CCT charges were null and void.
The affidavit filed in support of the application by the International Association of Student Economists and Management, read in part, “That the Honourable Justice Walter Samuel Nkanu Onnoghen is not subject to the criminal jurisdiction of the 2nd defendant (CCT) unless and until he has been subjected to the disciplinary jurisdiction of the National Judicial Council, which has not been done in this case.
“That in view of the foregoing, the 2nd defendant does not have any jurisdiction to try , arraign, charge or prosecute Honourable Justice Walter Samuel Nkanu Onnoghen in respect of Charge No CCT/ABJ/01/19.
“That subjecting a sitting judicial officer to the National Judicial Council is a condition precedent to the exercise of jurisdiction by the 2nd defendant.
That in view of the above, Charge Number CCT/ABJ//01/19 is null and void and ultra vires; the powers of the defendant and ought to be set aside by this honourable court.”
It added that the tribunal had on the basis of the reasons dismissed the charges against a Justice of the Supreme Court, Justice Sylvester Ngwuta, in a ruling delivered on January 9, 2018 by applying the Court of Appeal in the case of Ngajiwa v. FRN
Similarly, the CJN has filed before the tribunal a motion challenging its jurisdiction and asking for an order “striking out and/or dismissing in its entirety, the charge” preferred against him.
Onnoghen, who filed the application through his battery of lawyers led by Chief Wole Olanipekun (SAN), said the tribunal should be bound by its ruling delivered on January 9, 2018, in Justice Ngwuta’s case in which it applied the Court of Appeal’s judgment in the case of Nganjiwa v. FRN.
He argued that the Court of Appeal in the Nganjiwa v FRN (2018) had ruled that “no criminal investigation or prosecution can be initiated or instituted in any court of law or tribunal against a serving judicial officer without first presenting such allegations to the National Judicial Council and a determination thereof by the National Judicial Council.”
He added, “Under the doctrine of stairs decisis, the decision of the Court of Appeal is binding on all courts and the tribunals in Nigeria, which are subordinate to the Court of Appeal, including and particularly, this honourable tribunal.
“In the unreported ruling of this honourable tribunal in Federal Republic of Nigeria v. Sylvester Nwali Ngwuta, charge number CCT/ABJ/01/2017, delivered on January 9, 2018, this honourable tribunal applied the binding decision of the Court of Appeal in Nganjiwa v. FRN (supra) struck out the charge preferred against a judicial officer and discharged the said judicial officer accordingly.
“This honourable tribunal neither has the jurisdiction nor vires to countenance or entertain the charge preferred against the applicant by the respondent.”
Buhari prefers his kinsman as CJN -South, M’Belt leaders
Meanwhile, the SMBL has castigated the Federal Government over the criminal charges filed against Onnoghen.
The SMBLF spokesman, Yinka Odumakin, said the conspiracy against Onnoghen was to help Buhari replace him with a judicial officer from the North.
Odumakin said, “The petition filed within 72 hours received accelerated investigation and charges were filed against the CJN by a government which had not prosecuted Babachir Lawal, a government which did not try Maina or probe Governor Ganduje of Kano State.”
Yoruba elders, Ohanaeze knock FG
Also, the Secretary-General of YCE, Dr Kunle Olajide, in an interview with one of our correspondents in Lagos condemned the move to arraign Onnogehn without following the laid down procedures.
The YCE secretary said, “It is imperative that every effort must be made to preserve the sacredness and the sanctity of the judiciary because the judiciary, as it is often said, is the last hope of the common man.
“Moreover, our economy is still in the woods and we are seeking foreign investors. So, this is not the time, to deliberately or otherwise , do what can tarnish the image of our judiciary because foreign investors must have confidence in the judiciary before they come in.
“We will appeal to Mr President to act swiftly in this matter and perhaps revert to the status quo ante and then seek wider consultations from legal experts to know how to proceed if the CJN has been found to have breached the laws of the land.”
Also, the spokesperson for the Ohanaeze Ndigbo, Uche Achi-Okpaga, condemned the way the petition against the CJN was handled, adding, “We are not saying they should not prosecute anybody who has stolen but there are laid down procedures to be followed. Let them follow due process in this matter.
“I agree that the President is not a lawyer but the attorney general who is a senior lawyer should be de-robed for this. They should not plunge the nation into anarchy because this is election period. People are saying they want to change the CJN by all means and put their person in charge so their man, who would be in charge would use his position to discard any petition against his benefactors.”
Source: Punch
When the President called to inform me of his decision to magnanimously confer on me the the National Award of Commander of the Federal Republic, CFR, on account of my much advertised role in the struggle for the validation of the June 12th election and affirmation of Chief MKO Abiola’s mandate, my first reaction was why only me and not all those unsung heroes.
Those officers and men who actively participated in that struggle, risking their careers and even lives.
Although I was one of the leaders of that movement within the military, my contribution was by no means bigger than theirs.
While I have been recognised and celebrated, including this National Honour by the President, they have remained anonymous.
It is therefore incumbent upon me to reveal the identity of these patriots if only to acknowledge and commend their contributions to the emergence of the current democratic dispensation.
The fact that Chief Abiola, the presumed winner of the June 12th election won over 80% of the Armed Forces votes, clearly demonstrated the contribution of the other members of the military. I should add that this list is by no means exhaustive.
There are a lot more participants who have remained unknown to me since they served under others.
I apologise to all those whose names I must have missed. May God recognise and reward your sacrifice.
Top on my list is my deputy at the Armoured Corps Centre and School, Col MA Garba, whose commitment was so strong that he continued with the execution of our plans after some of us were arrested, detained and mercifully retired in October, 1993. He went on, as he should, to attain the enviable rank of a Major General in the army. Others are:
Others are:
-Lt col Lawal Jaafaru Isa.
-Lt col UF Ahmed.
-Lt col MS Dasuki.
-Lt col ML Gwadabe.
-Lt col J. Temlong.
-Lt col Musa Shehu.
-Lt col Chris Eze.
-Lt col HM Dzarma.
-Lt col Isa Jibrin.
-Lt col JOS Oshanupin.
-Lt Col A Oloruntoba(kabiesi Olugbede of Gbede kingdom).
-Lt col Moke.
-Lt col Happy Bulus.
-Lt col Olagunsoye Oyinlola.
-Col J Okai.
-Col E. Ndubueze.
-Lt col Yakubu Muazu.
-Lt col Yahaya Abubakar ( current Etsu Nupe).
-Major Saad Abubakar (current Sultan of Sokoto).
-Maj Abba Maimalari.
-Maj Jamil Tahir.
-Maj Buzugbe.
-Maj LP Aprezi.
-Maj MK Yake.
-Maj J Dawah.
-Maj Suleiman Wali.
-Maj Dauda Komo.
-Maj Lucky Torrie.
-Maj JS Zaruwa.
-Maj M Sumaye.
-Maj Sani Bawa.
-Maj Ndaliman.
Maj Ahmed.
-Maj M Bawa.
-Lt col JB Ahmadu.
-Capt Junaid Bindawa.
-Capt Lar.
I therefore accept this award with all sense of humility on behalf of all these officers and men. Obviously, it goes without saying that this award will be doubly more meaningful if the democracy we all fought for delivers the real dividends.
This can happen only if leaders at all levels govern with the fear of God and in accordance with the tenets of democracy.
It remains the hope and prayers of all patriots that nothing is done to derail this infant democracy.
To achieve the stability and progress of our democracy, leaders must prioritise good governance over politicking for self aggrandizement.
The three co-equal branches of government must operate independently while cooperating with each other.
One enduring lesson from the conduct of the officers and men is their decision to operate above sycophancy but to hold their superior officers to account.
Sadly, this does not appear to have a positive impact on our political leaders. Sycophancy everywhere has become the scourge of selfless and accountable leadership. It is the reason for the arrogance and vanity we see in our leaders at all levels. Men of straw are widely and falsely being elevated to the position of icons by self seeking sycophants.
Mr President must lead in a war against sycophancy in all its forms. This must allow for no exceptions including the rapidly growing trend of naming and renaming public institutions, facilities and other infrastructure after a President or State Governor while in office.
The other day, the Senate President was reported to have predicted that President Bola Tinubu will win the 2027 election with 99.9% of the votes! Even allowing for the fact that this Senate President is widely known for his humorous incitement, Mr President will do well to shun such oracles.
God bless Nigeria.
Abubakar Dangiwa Umar, Colonel (Rtd)
The Kogi State Government has commended Hon. James Abiodun Faleke, Member Representing Ikeja Federal Constituency in the House of Representatives, for his unbending commitment to the security and wellbeing of his home state, describing him as “a patriotic Kogite who leads by example.”
Faleke, an indigene of Kogi State, recently donated a brand-new Hilux patrol vehicle to support the operations of the newly commissioned Smart Police Divisional Headquarters in Ekinrin-Adde, Ijumu Local Government Area.
The high-tech facility which was facilitated by the Nigeria Police Trust Fund in its collaboration with the Government of Kogi State to ensure security at every corner of the state by modernizing and digitizing security operations in the state.
Speaking with journalists on Sunday, the Kogi State Commissioner for Information and Communications, Kingsley Femi Fanwo, conveyed the appreciation of Governor Ahmed Usman Ododo to the federal lawmaker, stating that Hon. Faleke has demonstrated what it means to place security above politics and people’s well-being above personal ambition.
“The Government of Kogi State wishes to reecho the open commendation earlier given by His Excellency during the commissioning of the Smart Police Divisional Headquarters,” Fanwo said.
“As a Government, we appreciate the demonstrative contribution of Hon. James Faleke to the security architecture and infrastructure of the state. This is how to lead the people with emphasis on security above politics, patriotism above scheming with the lives of our people.”
Fanwo added that Hon. Faleke has played key underground roles in support of intelligence, logistics, and coordination with security agencies, working quietly but effectively with the State Government to ensure lives and property are better protected in Kogi State.
The Commissioner expressed confidence that Faleke’s latest intervention would significantly strengthen security not only in Ijumu but across Okunland, Kogi West, and the entire state.
“This is one intervention that we are sure will improve the security of Ijumu, Okunland, Kogi West, and Kogi as a whole. This is how to make an impact without playing to the gallery. What the people need are concrete interventions that can save lives, not selfish arrangements that protect personal interests at the expense of the people.
“The people know those who are genuinely working for their security, those working closely with the State Government to achieve lasting peace in Kogi State. They also know those who are merely playing politics with the lives of the people.”
The Government urged political and business leaders of Kogi origin to emulate Hon. Faleke’s sense of responsibility and selfless service to the people.
“Hon. James Faleke has set an example for others to emulate. He has shown that the lives of his people matter. He is not doing all of these to protect a personal interest or his investment or the investment of his friends. He is doing it to protect the Kogi people, his people”, he said.
Fanwo also disclosed that the Government is closely monitoring the activities of illegal miners and their collaborators, vowing that those compromising the security of the state through economic sabotage will face stiff consequences.
“We are aware of the activities of illegal miners and their enablers. Let it be known that the state will not tolerate any action that puts the lives of our people at risk. We are taking bold steps to ensure that criminal actors do not jeopardize the peace we are working hard to build.”
The Kogi State Government reaffirmed its commitment to partnering with patriotic stakeholders like Hon. James Faleke in its mission to secure every corner of the state and preserve the gains already made in law enforcement and public safety.
GRPolitics
The Intellectual Sins of June 12: A Reckoning with Nigeria’s Democratic Conscience
Article Written by Professor Ojo Emmanuel Ademola
Every June 12, Nigeria observes a significant date that embodies both the aspirations for democracy and the painful betrayal of that dream. This day commemorates the 1993 presidential election, celebrated as the most free and fair in the country’s history but ultimately annulled by the military regime led by General Ibrahim Babangida.
While the focus has often been on the political and military figures involved, there has been less emphasis on the intellectual shortcomings that contributed to this democratic failure.
These shortcomings—the “intellectual sins” of June 12—include silence, complicity, and ideological failures that continue to impact Nigeria’s pursuit of democracy.
The Election That Could Have Changed Everything:
On June 12, 1993, Nigerians came together to vote for Chief Moshood Kashimawo Olawale (MKO) Abiola, a well-known southern Muslim celebrated for his wealth, philanthropy, and political acumen. His electoral victory was more than just a tally of votes; it became a powerful symbol of national unity and a collective longing for civilian governance following years of military rule.
The military’s annulment of the election results, based on vague security concerns and claims of irregularities, was profoundly disappointing. This decision was not merely a political manoeuvre; it represented a significant betrayal of the democratic values that the election was meant to uphold.
The Silence of the Intellectual Class:
One of the most troubling aspects of the June 12 crisis was the widespread silence—or, even worse, the rationalizations—by many in Nigeria’s intellectual elite. University professors, public commentators, and thought leaders, who should have served as the nation’s moral compass, largely failed to speak out against the annulment. Some even justified it, wrapping their arguments in legal jargon or appealing to national stability.
The silence in this situation was not neutral; it was an act of complicity. During times of national crisis, when the intelligentsia chooses to remain silent, this absence is not merely a lack of comment—it is an endorsement of the status quo. Nigeria’s intellectual class’s failure to provide a strong defence of democracy in 1993 highlighted a more profound issue: a lack of genuine commitment to democratic governance.
Ethnic Chauvinism and the Failure of National Integration:
The annulment highlighted the fragility of Nigeria’s national identity. Although Abiola had widespread appeal across the country, the decision to invalidate his victory was perceived mainly as influenced by northern political elites who were uneasy about a southern Muslim becoming president. This perception, whether accurate or not, strengthened the belief that Nigeria’s democracy is held captive by ethnic and regional interests.
Once again, the intellectual class fell short. Instead of confronting the ethnicization of politics, many scholars and commentators either overlooked it or contributed to it. The chance to use June 12 as a catalyst for national integration and civic nationalism was missed.
The Legal and Constitutional Vacuum:
The events of June 12 highlighted Nigeria’s fragile legal and constitutional framework. The annulment of the election exposed the country’s institutions as inadequate in preventing executive overreach and safeguarding the electoral process. At that time, there was a lack of an independent judiciary capable of contesting military actions, an ineffective legislature to oversee government activities, and a civil society that was not sufficiently strong to mobilize in response.
The Institutional weakness in Nigeria was not a coincidence; it stemmed from years of intellectual neglect. The country’s legal scholars, constitutional designers, and policy thinkers did not create a system robust enough to resist authoritarian tendencies. Consequently, the annulment of electoral processes directly resulted from this inadequacy.
The Myth of Transition Without Transformation:
The military’s commitment to transitioning Nigeria to civilian rule was fraught with inconsistencies. The annulment of the June 12 elections exposed the illusion that democratic governance could be realised without a fundamental change in the country’s political culture. The transition program itself was characterized by a top-down approach, a lack of transparency, and a focus on maintaining the interests of the elite.
Many intellectuals were drawn into the myth surrounding a purportedly democratic transition process. By actively participating in advisory roles, they inadvertently lent credibility to a system that lacked true democratic principles. Their failure to critically examine the underlying foundations of this transition program represents a significant intellectual oversight.
The Repetition of History:
The aftermath of June 12 has had lasting repercussions for Nigeria, as the country seems trapped in a cycle of repeating past mistakes. Key issues such as electoral malpractice, the dominance of elites over democratic institutions, and the suppression of dissent are still prevalent in the political landscape. Unfortunately, society has not fully grasped or embraced the vital lessons from June 12, indicating a failure to learn from history.
The recurring failures In Nigeria’s democracy highlight a deeper intellectual shortcoming, as there is a reluctance to engage in critical self-reflection and necessary institutional reform. It is simpler for leaders to honour June 12 through ceremonies and speeches rather than address the uncomfortable realities that emerge from this historical moment.
A Path to Redemption:
Nigeria needs to initiate a new democratic renaissance to address the intellectual shortcomings highlighted on June 12. This revival should focus on enhancing civic education, implementing institutional reforms, and reaffirming a strong commitment to democratic values.
1. Enhancing civic education within society is essential to ensuring the vitality of democracy. This involves prioritizing the teaching of democratic principles, critical thinking, and active citizenship in schools, universities, and media outlets. By doing so, citizens will become more aware of their rights and responsibilities, thus fostering a more engaged and informed populace.
2. Strengthen Institutions: A functioning democracy requires that the judiciary, electoral commission, and legislature operate without political interference. Achieving this necessitates legal reforms and a significant cultural shift in how power is exercised and contested within society.
3. Empower a New Generation of Public Intellectuals: Nigeria requires independent thinkers who prioritize democratic values over ethnic or political affiliations. These intellectuals should courageously challenge authority and advocate for democratic principles, unafraid of potential repercussions.
4. Confront the Past Honestly: The June 12 crisis serves as an important historical event that should be incorporated into school curricula and discussed in public forums. It carries significant moral lessons that are essential for understanding the past. By acknowledging and confronting this history, Nigeria can work towards establishing a more just and democratic future.
Conclusion: Democracy as a Moral Imperative
June 12 serves as a powerful reminder of Nigeria’s complex democratic journey, highlighting both its potential and challenges. Rather than merely marking the date with hollow statements, engaging in a genuine reflection on the past is essential. The mistakes of that time—characterized by silence, complicity, and ideological failures—should not be repeated. As we honour this day, we must recommit ourselves to the ideals embodied by Abiola’s victory, including justice, unity, and the empowerment of the people.
Democracy transcends being merely a system of governance; it is fundamentally a moral obligation. Every citizen, particularly those influential in shaping public opinion, has the responsibility to uphold and defend democratic principles with bravery, clarity, and firm conviction.
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