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.”
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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.”
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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