By Peter Olorunnisomo – The precipice of time over the justice system in Nigeria and the strong winds breaking over Nigeria’s forthcoming elections is an acid test on the depth of integrity of the judicial arm of the triumvirate of governance and the commitment of the political will of the executive.
The tilt that may be occasioned in either end-results will no doubt determine a far lot in the future and direction of the country towards responsible governance. Nigeria may well prepare for a paradigm shift which has been described in various times as ‘business as usual’, ‘change’, etc.
Social media has done so much to upstage the traditional election strategies that polarised party divisions on ethnicity, religion, bigotry, and nepotism. While it has done little to affect the philosophy of money politics, it has exposed and cast aspersion on the opportunistic disposition of the electorate to ‘chop and clean mouth’ – another way of saying take their money but don’t sell your vote.
As the saga of the country’s erstwhile Chief Justice continues, the bench and the bar appear to be torn on primordial lines. Perhaps the thrill of a sensational legal battle played out on the field of stupendous wealth usually belittling and disregarding moral imperatives and political responsibility have thrown the dice of a roulette for which the Federal Government is not keen on a gamble.
On Wednesday the Code of Conduct Tribunal, CCT, in Abuja, yesterday, ordered key security agencies to arrest the suspended Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, and produce him for trial tomorrow.
The Danladi Umar-led panel gave the order on a day the suspended CJN, who was accused of failing to declare his assets as prescribed by the law, for the fourth time, refused to appear before the tribunal to enter his plea to the six-count charge the Federal Government preferred against him.
The Federal Government had in the charge, marked CCT/01/2019, also alleged that Onnoghen operated foreign bank accounts in contravention of the code of conduct for public officials.
Specifically, the CCT Chairman, Umar, directed the Inspector General of Police and the Director General of the Department of State Service, DSS, to execute the arrest warrant to ensure that Justice Onnoghen was brought before the tribunal on the adjourned date.
Government lawyer, Aliyu Umar (SAN), contended that the criminal law made it imperative that the defendant must be present in court before any application could be heard with respect to the charge against him.
“My lord, may I draw your attention and that of honourable members to the fact that the defendant is not in court today.
“When a summon is issued for a defendant to appear either at the beginning or at any time during trial, it must be obeyed until it is vacated.
“The point is that even if this defendant is found guilty of the charge, he can only be asked to vacate the office, he cannot be sent to prison by this tribunal.
“We submit that it is his right to refuse to enter his plea to the charge, but it is not his right to refuse to appear in court,” Federal Government’s lawyer contended. The worst case scenario of the CCT is occasion the CJN’s removal from office.
This is a crucible of political consideration in the country where the ‘job’ to serve the people paves one’s ways in gold. So every politically motivated and affected office is swarmed with political alliances and even the electorate as complicit. The perfidy of injustices across the fabric of the society’s and national consciousness becomes a norm.
Besides, the prosecution stressed that he had on past proceedings on the matter, refrained from applying for Onnoghen’s arrest, due to the sensitivity of the position he occupied as the CJN.
The CJN’s counsel, Chief Awolowo, SAN, in a scene reminiscent of the Senate President, Bukola Saraki’s recent matter in court, led 46 other lawyers that appeared for the suspended CJN, argued that it is not out of disrespect that he is not here. But the law says he need not be here at this stage of the proceeding”.
The CCT boss ruling from a two-paged document ordered security agencies to “apprehend” the defendant and produce him for arraignment on Friday.
Relying on several decided cases, Umar held that Onnoghen must first submit to the jurisdiction of the tribunal before challenging its powers to try him.
“I must see him in the dock. We are not here to play, we are here to work!”, the CCT Chairman fumed as he stormed out of the tribunal.
In a related development, the Abuja Division of the Court of Appeal fixed February 25 to hear an appeal Onnnoghen lodged against his trial.
The development came on a day the National Judicial Council, NJC, said it was satisfied that allegations against Onnoghen and the Acting CJN, Justice Tanko Muhammad, deserved to be investigated.
The Council which took the position at the end of its emergency meeting in Abuja, said it has constituted a five-man investigation panel to be headed by a retired Justice of the Supreme Court, Justice S. A. Akintan.
It said the probe panel was constituted pursuant to Rule 20 (1) of the Judicial Discipline Regulations.
A statement signed by the Director of Information at the NJC, Mr. Soji Oye, revealed that the legal body accepted result of the preliminary assessment of allegations against both Justices Onnoghen and Muhammad, and arrived at the conclusion “that the petitions were worthy of further investigation and should not be terminated under Rule 17 of the Judicial Discipline Regulations of the Council.”
“Council directed the Investigation Committee to work expeditiously, determine all the petitions and responses and report to Council for a final decision”, the statement read.
Meanwhile the legislative arm of government (Senate) appears to be confused over the filing of suits at the Supreme Court, following the suspension of the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, by President Muhammadu Buhari.
The crisis reared its head, yesterday, as All Progressives Congress, APC, caucus in the Senate filed a suit at the Supreme Court, challenging the suit earlier filed by the Senate President, Dr Bukola Saraki, who withdrew it as a result of the intervention of National Judicial Council, NJC, in the matter.
It would be recalled that the Senate had, through its president, Saraki, approached the Supreme Court last Monday to seek interpretation of the suspension of Justice Walter Onnoghen by President Buhari but ordered the discontinuation of the case it filed.
That it is the Chief Justice of the country caught up will always divide the polity. The landscape of political irresponsibility has been a challenge for the citizenry to expect fulfilment. Injustices thrive and determines the wage of justice beyond and above what the masses can pay. But justice to the few is now challenged. And the expediency of state integrity flags justice to prove itself a system for the masses.
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