The suspension from office of the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen by President Muhammadu Buhari on Friday, January 22, 2019 did not come to many Nigerians as a surprise executive decision. The CJN deserves this punishment because of a petition filed at the Code of Conduct Tribunal in Abuja on January 7, 2019 by a an NGO, Anti Corruption and Research Based Data Initiative which centered on two issues mainly of non declaration of assets and possession of foreign currency domiciliary accounts with several banks
It is not in doubt that Onnoghen has admitted while responding to the petition that he erred in law by his action. He has also admitted that he forgot to update his declared assets of 2004 as at 2009. Declaration of assets by all public officers every four years is mandatory on all political and public office holders in the country. According to the ‘learned’ among us and even our statutory laws, these excuses of ‘forgetfulness and mistake’ are not excuses in law. The question on the lips of most Nigerians is ‘how can the country’s chief law officer say that he forgot important issues of declaration of his assets and his possession of a domiciliary account?’ Obviously, it is in excusable for this theory of forgetfulness and mistake as put forward by the now suspended CJN. The truth of the matter is that Onnoghen has violated the constitution of Nigeria and so he deserves appropriate sanctions.
The view of most professional lawyers in the country is that the CJN should have honorably resigned as soon as the petition was tendered at the Code of Conduct Tribunal to save himself from the current predicament of suspension in office and also save the name of the Judiciary and not drag it in the mud. Unfortunately, Onnoghen thought otherwise on the sentimental advice of some politicians and parochial minded governors of the Southsouth region of Nigeria.
The crux of the matter is, Onnoghen had, as at 2009 not updated his declaration of assets form and worst more, he refused to declare his seven local and foreign domiciliary accounts amounting to more than $5million. Even after his appointment as CJN in 2016 by President Buhari, Onnoghen failed to update his assets declaration forms to reflect those domiciliary accounts. Certainly, this cannot be a mistake but a deliberate attempt to conceal his illegality. Therefore, this is an infraction on the law by a person who should be the number one defender of the laws of the country. While responding to the CCT order to suspend the CJN, President Buhari noted that “in the midst of distracting events, the essential question of whether the accused CJN has a case to answer has been lost in the squabble over the form and nature of his trial”
While refusing to appear at the CCT on the first day of hearing the matter, Justice Onnoghen filed a motion at an Abuja High Court to stop his trial at the tribunal. The question to ask is even after admitting not declaring his assets, what is he afraid of. He should appear in court and clear his name if he feels innocent or else he faces the consequences of his actions and inactions. According to Robert Clarke, SAN “It is surprising that the same Onnoghen delivered a landmark judgment in 2013 and ruled that in matters of code of conduct the CCT is the highest court in matters of assets declaration.” Why then is he today going to High Court to stop CCT from trying him? According to President Buhari ‘’with his (Justice Onnoghen) moral authority so wounded, by these corruption charges , more so by his own written admission, he would have acted swiftly to spare our judicial arm further disrepute by removing himself from superintending over it while his trial lasted”
Nigerians have a moral responsibility to support the President in his fight against corruption of any form and at any level. We must not give corruption a political, religious, regional or ethnic coloration for our self-centered interests. Enraged reactions on the CJN’s corruption charge and subsequent suspension from the opposition especially from politically motivated sponsored groups like CUPP, PDP presidential candidate, Atiku and his Campaign DG, Bukola Saraki must be resisted and ignored because they are not are reflection of the interests of Nigerians. It is certainly a case of corruption fighting back. Undoubtedly, Atiku is the arrowhead of this attempt to frustrate the efforts of President Buhari on the fight against corruption and looters. Well meaning Nigerians see the action of the President as one that will ultimately saved the Judiciary and the country from further embarrassments and the total collapse of our hard-earned democracy.
I still feel it is better late than never. Justice Onnoghen can still do the needful by honorably resigning his appointment as Nigeria’s CJN so that the dismissal and conviction staring him in the face daily can earn him a reprieve and get a political solution for leniency from CCT for admission of guilt.
Once more, the President has demonstrated patriotism, courage and bravery by taking the ‘bull by the horn’. He has shown that no one Nigerian is above the law. There is no sacred cow in President Buhari’s war against corruption. May this serve as a lesson to all Nigerians. Onnoghen’s suspension is a bold, right and inevitable step in the right direction by President Buhari. We must all rise to the challenge to support him in the direction of dealing with looters.
Ilallah writes via [email protected]
