NIGER DELTA AGITATORS THREATEN ATTACKS OVER ONNOGHEN’S ORDEAL
NIGER DELTA AGITATORS THREATEN ATTACKS OVER ONNOGHEN’S ORDEAL
Justice Walter Onnoghen
A Coalition of Niger
Delta agitators yesterday warned it would attack the nation’s oil
infrastructure if the Federal Government does not back down on its plan to
arraign the Chief Justice of Nigeria (CJN) Walter Onnoghen before the Code of
Conduct Tribunal (CCT).
Onnoghen, who is from
the region, is expected to appear before the CCT today over a six-count charge
of alleged false declaration of assets.
The threat was
contained in a statement by one General John Dukku on behalf of Niger Delta
Watchdogs, Coalition of Niger Delta Agitators, and others.
“We want to state
categorically that if the presidency fails to reverse its harassment against
the CJN, we will have no other option but to mobilise all the Niger Delta
fighters and commence serious actions that would shake the country and the
whole world.”
The statement reads
in part: “President Muhammadu Buhari was not disposed to Justice Onnoghen’s
appointment to this position, which was why he refused to confirm the
appointment after so many months of (Onnoghen) serving in acting capacity. It
was during the period of his sickness while in Britain that the acting
president, Prof. Yemi Osinbajo, confirmed the appointment.
“We wish to also
recall that in August last year, Mr. Matthew Seiyefa of Bayelsa State, who was
the most senior and most qualified officer at the time, was appointed to the
position of acting director general of the Department of State Services by
Prof. Osinbajo, only to be replaced with a retired and junior officer to Mr.
Seiyefa, Mr. Yusuf Magaji Bichi by President Buhari as soon as he (Buhari)
resumed duties. We hereby vehemently resist any attempt to remove CJN Walter
Onnoghen from office.
In other reactions,
five of the six governors of the south-south held an emergency meeting
yesterday and called on the CJN to ignore the CCT summons.
Their communiqué was
signed by Henry Seriake Dickson, Governor of Bayelsa State; Nyesom Wike,
Governor of Rivers State; Ben Ayade, Governor of Cross River State; Udom
Emmanuel, Governor of Akwa Ibom State; and Ifeanyi Okowa, Governor of Delta
State.
It reads in part: “We
hereby call on the president to condemn without any equivocation this assault
on the CJN and the judiciary, especially coming after similar assaults on the
National Assembly, to save the country from this embarrassment and global
contempt.
“We call on the CJN
to ignore this so-called court summons from the CCB and the provocative call
for his resignation in some quarters. While we are not opposed to a genuine
fight against corruption, such an action must always be anchored on the rule of
law.
In alignment with the
agitators, the governors noted: “The unceremonious removal of former acting
director general of the Department of State Services, Matthew Seiyefa and his
replacement is still very fresh. We note that the unfortunate action against
the CJN further reinforces the perception that the Buhari administration has no
regard for the sentiments of Nigerians, in particular the people of the Niger
Delta, and the rule of law.”
Human rights lawyer,
Ebun Olu-Adegboruwa, described the planned trial as illegal. He said according
to Section 36 (4) of the 1999 Constitution, a citizen who is charged with a
criminal offence must be taken to the appropriate forum with the requisite
jurisdiction to try the crime.
He noted that the
National Judicial Council (NJC) was established by Section 153 (1) & (2) of
the 1999 Constitution to do just that. According to him, by Paragraph 20 (b),
Part 1 of the Third Schedule, the NJC shall “exercise disciplinary control
over” all judicial officers, including the CJN.
“The NJC being a
quasi-judicial organ established by the constitution, it is the appropriate
forum to first raise any matter against any judicial officer, including the
CJN. Thus, the NJC has exclusive jurisdiction over all judicial officers,
including the CJN.
“By the decision of
the Court of Appeal, in the case of Nganjiwa v Federal Republic of Nigeria
(FRN), no criminal charge can be laid against a judicial officer, including the
CJN, in any court of law, without first filing such a complaint before the NJC.
“The Code of Conduct
Bureau (CCB) and the CCT are both part and parcel of the Federal Republic of
Nigeria and are bound by the decision of the Court of Appeal in Nganjiwa v FRN.
“Under and by virtue
of Section 287 (2) of the 1999 Constitution, ‘the decisions of the Court of
Appeal shall be enforced in any part of the federation by all authorities and
persons and by courts with subordinate jurisdiction to that of the Court of
Appeal’,” he said.
Adegboruwa stressed
that the CCB and CCT are both subordinate entities to the Court of Appeal and
are bound to enforce, apply and obey the decision of the Court of Appeal in
Nganjiwa v FRN.
“From the foregoing,
the criminal charges filed against the CJN before the CCT are illegal, ultra
vires, unconstitutional, null and void, and should either be withdrawn
forthwith, discontinued by the Attorney General of the Federation by filing a
nolle proseque, or struck out by the CCT,” he added.
Also, the Nigerian
Bar Association (NBA) condemned what it described as onslaught against the
judicial arm of government. In a statement Saturday night, the president of the
NBA, Mr. Paul Usoro, alleged plan to destabilise and lay prostrate other arms
of the government with a view to eliminating voices of dissent and checks and
balances.
The body expressed
dismay at the speed with which the government received the petition against the
CJN and immediately filed charges against him, insisting that such action
violates the decision of the court that no judicial officer should be put to
trial without being removed by the NJC.
He said: “In Nganjiwa
v Federal Republic of Nigeria (2017) LPELR-43391 (CA), the Court of Appeal made
it very clear that any misconduct attached to the office and functions of a
judicial officer must first be reported to and handled by the NJC pursuant to
the provisions of our laws. Only after the NJC has pronounced against such
judicial officer can the prosecuting agencies of the Federal Government proceed
against him.
Foremost legal
luminary, Chief Afe Babaola (SAN), in a statement yesterday, said the
constitution was explicitly clear on how the CJN can be removed and described
the “proposal to recuse himself from office pending the conclusion of the
trial” as worrisome.
“Without mincing
words, I am as taken aback at this development in the same way as I was when
not too long ago, the DSS invaded the homes of some judicial officers,
including justices of the Supreme Court in the middle of the night on
allegations of corruption.
“However despite the
similarity between the two events, two things place this latest development
above the previous one in terms of ignominy namely; the status of the CJN as
the head of the judicial arm of government and the fact that since the invasion
and the rash of prosecutions that were instituted against some judges, the
court, via the Judgment of the Court of Appeal in Nganjiwa v Federal Republic
of Nigeria (2017) LPELR-43391 (CA) has since stated firmly the procedure
permitted by law when allegations of misconduct are made against judicial
officers.
“Thus the point can
even be made, that unlike other judicial officers who can be removed by the
president acting upon the recommendation of the NJC, the CJN can only be
removed by the president upon receipt of an address supported by two-thirds
majority of the Senate!
“On the whole, the
entire episode is one that unfairly denigrates not only the judiciary, but also
the constitution of the land. By proceeding as proposed, the government is
unwittingly or perhaps deliberately creating a wrong impression in the minds of
millions of Nigerians that the judiciary is a criminal organisation. For the
sake of our democracy, this is a misconception that must not be allowed to
fester.”
Igbo socio-cultural
organisation, Ohanaeze Ndigbo, said it was shocked and disappointed over the
development.
In a statement by its
President General, Nnia Nwodo, the group said the action was premature and
ill-conceived and warned that “our country is about to be thrown into a
needless political instability that is capable of leaving the country in the
throes of death.”
Senate President
Bukola Saraki said: “If the government truly has a genuine reason to put the
incumbent CJN on trial, it should ensure that every step in the process is
transparent and the normal process as provided by the law is followed to the
letter.”
In a statement by his
spokesman, Yusuph Olaniyonu, Saraki faulted the Federal Government’s haste on
the matter, saying a short-circuiting of the process of fair hearing might have
occurred.
He said: “The
proposed trial of the CJN has once again opened up the debate on the
transparency and neutrality of the fight against corruption. The haste with
which this trial is being pursued leaves a lot to be desired. From last
Wednesday when the so-called petition against the CJN was initiated to the
period the trial is scheduled to commence has been barely three working days,
whereas there are pending cases where individuals have been indicted months ago
but no prosecution is being considered.”
Benue State Governor
Samuel Ortom, on his part, condemned the alleged attempt to gag the judiciary.
“The manner in which the Federal Government is plotting to remove the CJN by
rushing charges against him to the CCT and leaking the charges to the press at
a weekend is suspicious, smacks of desperation, and lacks regard for due
process,” he said in a statement by his chief press secretary, Terver Akase.
He cautioned Buhari
to respect the principle of the separation of powers. “The current pressure on
Justice Walter Onnoghen and the judiciary is ill-advised, unnecessary and
unacceptable,” he added.
The APC however
backed the trial, saying it was in line with its anti-corruption principle. In
a statement, National Publicity Secretary Lanre Issa-Onilu said: “The swift
declaration by the Peoples Democratic Party (PDP) condemning the purported move
has again exposed the party as one with a natural inclination to rise up in
defence of cases of alleged corruption.
“Resort to baseless
postulations anytime issues of corruption are levelled against public officers
only confirms what Nigerians already know. PDP and corruption are Siamese
twins. One would have thought that the PDP would call for impartial
investigations when corruption cases are levelled against public officers. We
assure the PDP and indeed all Nigerians that the President Muhammadu Buhari-led
APC administration remains uncompromising in its determination to rid the
country of this malady.”
Meanwhile, the
presidential candidate of the PDP, Atiku Abubakar, has warned Nigerians not to
allow Buhari to steal their votes in the presidential election.
He made the
disclosure during an interactive session with some youth groups, social media
influencers, and bloggers in Abuja yesterday.
“President Buhari has
stolen your jobs. He has stolen your rights. Don’t let him steal your votes.
They are preparing the ground to steal your votes. I know that Nigerians are
ready to ‘Get Nigeria Working Again’, but don’t let President Buhari steal your
votes,” he said.
0 comments:
Post a Comment