Nigeria up for stronger judiciary as Onnoghen becomes substantial CJN

*Says special corruption courts possible

The nation may have finally moved into a state administered justice as Justice WSN Onnohghen, who was confirmed by Senate of the Republic on Wednesday, told the Senators that nobody needed to interact with any Judge to get justice.

Responding to questions from senators, Onnoghen said under his watch the independence of the Judiciary would be reinforced and that he would not be pocketed, which some respondents of The DEFENDER have interpreted as meaning that, “Whoever wants to get justice under Onnoghen must himself be fair and sincere in his own case.”

The Senate confirmed Justice Walter Samuel Nkanu Onnoghen as substantive Chief Justice of Nigeria (CJN) following a confirmation hearing that lasted for about 1.15 minutes with Senators grilling him from all sides.

Onnoghen who succeeds Justice Mahmud Mohammed is the 15th Nigerian to occupy the position as five of the CJNs were foreigners.

He said, “The fear of me not exhibiting the uncommon courage that has earlier been exhibited I assure you that I remain whom I have been on the bench right from the beginning and intend to end that way by the special grace of God.

“I believe you don’t need to see a judge before you can have justice and I also believe that it takes two to have a dispute and I know that most of them don’t have the same story to tell as to the reason for that dispute,” he said.

Responding to question on the call for the creation of special court to hear corruption cases, he said the Judiciary was not against it.

In his remark after the confirmation, Senate President Bukola Saraki congratulated Onnoghen saying, “In addressing the integrity and confidence in the Nigerian people on the Judiciary, we hope you will continue to ensure that the Judiciary is the last hope of the common.”

Walter Samuel Nkanu Onnoghen  was born on the 22nd December 1950 at Okurike Town, Biase Local Government Area of Cross Rivers.  He graduated from the University of Ghana at Legon, Ghana in 1977 and from the Nigerian Law School in Lagos in 1978.  He was a Judge in Cross River State and a justice of the Court of Appeal before joining the Supreme Court of Nigeria, where he had been since 2005 until he was nominated by the National Judicial Council (NJC) and was subsequently sworn in by President Muhammadu as Acting Chief Justice of Nigeria (CJN) on November 10, 2016.  The letter for his confirmation was sent on February 8, 2017 to the Senate by Acting President Yemi Osinbajo while President Buhari was away on vacation and he was confirmed by the Senate on 1st March, 2017.

President Muhammadu Buhari on November 10, 2016 swore Justice Walter Nkanu Onnoghen into office as Acting Chief Justice of Nigeria (CJN) following the exit of Justice Mahmud Muhammed, who retired as CJN at the age of 70 and subsequent receipt by the National Judicial Council (NJC) of nomination of Justice Onnoghen as the new CJN for onward recommendation to President Buhari.

Although there were public outcries by some elements from South South, where he comes from, spareheaded by Cross Rivers PDP caucus in the National Assembly, spoken for by Senator John Enoh, who insinuated that “there is a growing sentiment in certain quarters that Justice Onnoghen’s earned elevation to the rank of Chief Justice of Nigeria is held in abeyance precisely because he is either not from a particular ethnic origin preferred by powerful forces or his profound and at times radical judicial pronouncements make him too principled to occupy this exalted office.”  That was how the public outcries grew.

But Justice Onnoghen fearing the unpalatable outcome of such exhibited sentiment of his people quickly waded in to say that they should not pressurise President Muhammadu Buhari, who had already accepted his nomination and sworn him in as Acting CJN on the matter.

He distanced himself completely from the ultimatums being given to the President by those people.

Onnoghen, whose position as acting CJN would expire on February 10, was reacting to the pressure mounted, especially by the Cross River State Caucus of the National Assembly, the Afenifere socio-cultural group and a lawsuit instituted by civil rights activist and lawyer, Mr. Ebun-Olu Adegboruwa, demanding that Justice Onnoghen be made substantive CJN.

In a statement by his media aide,‎ Mr. Awassam Bassey, the acting CJN said there was no need to give the President ultimatums over his appointment as the substantive CJN.

The statement read: “The Honourable acting Chief Justice of Nigeria, His Lordship, the Hon. Justice Walter Samuel Nkanu Onnoghen, wishes to appeal to Nigerians to allow Mr. President, Muhammadu Buhari, a free hand to perform his constitutional duties concerning the appointment of a substantive Chief Justice of Nigeria.

“Justice Onnoghen believes the President does not need any threat or ultimatum to perform his constitutional duties and therefore dissociates himself from those individuals and groups making such demands on the President.

“However, the acting Chief Justice of Nigeria and the Nigerian judiciary sincerely appreciate the interest of Nigerians towards the appointment of a substantive Chief Justice of Nigeria to oversee the affairs of the judiciary as the third arm of government, but believes that issuing an ultimatum to Mr. President appears to be going too far and smacks of disrespect for the exalted office of the President.”

In the meantime, some of the people who expressed confidence that there were some hard decision President Buhari needed to make necessitating his vacation to enable him make through his Vice, Osinbajo, justified their position on Wednesday, saying, “The confirmation of Onnoghen as a tool to stand to the corrupt politicians in the face is one of the reason.”

One of them who did not want to be mentioned said, “Have you not asked yourself why they are suddenly publicly crying for Onnoghen’s confirmation as CJN but when the name of Ibrahim Magu was sent to them for confirmation they didn’t even allow it to be debated on the floor of the Senate before they killed the idea?  They think Onnoghen being from their part of the country will act their scripts but we are all waiting to see how that will happen knowing Justice Onnoghen for who he is,” he said.

Barely 48 hours to the expiration of the tenure of the acting Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, acting President Yemi Osinbajo on Tuesday February 8 finally sent his name to the Senate for confirmation.  His tenure as acting CJN was to expire on February 10.

Subsequently, the letter from the presidency slept with the Senate for 24 days before the Onnoghen was eventually confirmed and he told his screening and confirming Senate that none of them had reason to see a Judge to get justice as long as he that goes to equity goes with clean hands.