WAKE UP: Why Onnoghen’s case can’t go to NJC, according to new Owners of Nigeria

By BASHIR ADEFAKA

“My own stand on corruption matter is simple, …. even if its the president that is found culpable of this same Onnoghen kind of crime less even 10 days to election, he should be stopped at all cost, and same applies to anyone and everyone, …. ENOUGH OF GRANDSTANDING NONSENSE IN THIS NATION!” – Frank Taylor.

It is about the first democratic experience that Nigerians now speak like real owners of their country. The new needless controversy trailing the planned trial of a man, in whose instance the travesty of justice is currently being advocated by people who would compromise even national security for personal gains in the country Walter Onnoghen, has provided such opportunity to so act.

They are reacting to opposition Peoples Democratic Party (PDP) led criticism of Muhammadu Buhari Administration of All Progressives Congress (APC) for looking on while Code of Conduct Bureau (CCB) filed case of non-declaration of assets and money laundering against the Chief Justice of Nigeria (CJN).

Their belief is either that the timing is too near to general elections or that CJN can only be tried by the NJC where he is President, meaning that he will be judge in his own court or will step down for the next most senior “loyal” justice to try him. It is no wonder judges clearly “caught” with evidence of corruption and placed before Onnoghen led NJC member courts were restored to continue to sit on corruption cases and needless to find deeper out why Economic and Financial Crimes Commission (EFCC) either had its filed corruption cases before those judges foot-dragged or lost. Can any allegedly corrupt judge give integrity he doesn’t have so long he does not condone submissiveness to justice when it demands self accountability of him?

But Nigerians are now saying that no, there is no time that is too improper to try any allegation of criminality or corruption and the reason they thumb up for Buhari, like Lagos based Frank Taylor said in his position, for treading in terrain where no Nigerian President had ever wielded the political will power to tread in the past.

Another notable Nigerian, Ayo Ojeniyi in his submission titled, “THE CJN ISSUE, EXPLAINED”, told why the case at hand against the CJN is not a judicial misconduct to fall under the purview of the National Judicial Council (NJC) but strictly criminal and corruption one that should go before the CCT.

Ojeniyi said: “I received several messages with case laws on Watsapp claiming the CJN can’t be prosecuted without passing through NJC. Two of the cases that caught my attention is Nganjiwa v FRN and the notorious case of Hon Justice Erelu Habib, CJ Kwara. I will like to draw the attention of my colleagues in the temple and our facebook/watsapp learning friends that Judicial misconduct is clearly different from what the CJN is facing. No one is accusing him of judicial misconduct, but non declaration of his asset which is a constitutional provision under the 5th Schedule of the 1999 CFRN.

“Going further, the supremacy of the constitution in S:1 (1) and especially (3) where it is said that any other law that is inconsistent to the provision of the constitution shall to the extent of its inconsistency be null and void and the constitution shall prevail. S:11 (1) (2) of the 5th schedule made it clear as to when a public official should declare his assets, and and false statement shall be deemed a breach of the code. S:12 of the schedule made it clear where such allegation of breach will be taken to, it never mentioned NJC but CCB. The Schedule also established the CCT and gave it powers under S:18, thus listing the punishment it can impose under 18: (2). Part II of the schedule, particularly no. 5 listed the CJN, JSC, P&JCA, and all other judicial officers including staff of the court among public officers for the purpose of the code of conduct.

“It is therefore invariably clear and even more clearer that any violation of the CC by the CJN can be taken straight to the CCB. But if we insist that it must not be the case, then we might be inviting the National Assembly to also claim that any allegation against any of its members will go through the Ethics committee before the court.

“Furthermore, the NJC has the CJN as it’s Chairman. For the principle of justice to apply, he will still have to recuse himself because he can’t be a judge in his own case “Nemo judex in causa sua”.

“Let me say, discipline and removal of judicial officers is not a new thing in the world, though the only thing strange is that of a Supreme Court Justice. In 1805, the US House of Representative successfully impeached Justice Samuel Chase of the US SC on allegation of partisanship which was laid by POTUS Jefferson, though it was later upturned by the Senate after a vote of 18/16 which did not give clear 2/3 majority for him to be impeached by the Senate.

“It remained the only successful attempt at the removal of a SC Justice in the US. We hope to continue evolving democratically. What is currently happening is part of the term “DEMOCRACY”.”

Addendum: Frank Taylor’s position

LOCAL MUSING:- (CJN ONNOGHEN AS SUBJECT MATTER!). ….”its easy for the king to decapitate peoples heads for similar crimes he and his family commits in the confine of their bedroom!” Thats the bloody mindset of the so-called nigerian elites for you, … to them, those lesser in status and clout must be the guinea pigs of their laws! THE LAW DOESNT TOLERATE THE IGNORANCE ONNOGHEN PRESENTLY CLAIMS! MOREOVER, IT WONT BE AN UNDERSTATEMENT TO POSIT THAT, THIS FAR IN THE CAREER OF THE CJN, HE MUST HAVE JAILED QUITE A NUMBER OF PEOPLE CLAIMING IGNORANCE OF CERTAIN CLAUSE IN THE LAW! The issue is, is he guilty as charged? If there are “physical evidence” of crime being committed, THEN LET HIM FACE THE MUSIC COS, … JUSTICE BEING ETERNALLY BLIND SEES NO SACRED COW, …. or is it a taboo to commit a judge to jail in a world where presidents are being indicted and jailed? NOTEWORTHY, THE ARGUMENT THAT ISSUES LIKE THIS SHOULDNT TAKE PRECEDENCE IN AN ELECTION YEAR IS SIMPLY THE FLIMSY EXCUSE OF THIEVING MINDS! My own stand on corruption matter is simple, …. even if its the president that is found culpable of this same Onnoghen kind of crime less even 10 days to election, he should be stopped at all cost, and same applies to anyone and everyone, …. ENOUGH OF GRANDSTANDING NONSENSE IN THIS NATION! May God bless the hustle of all clean-handed nigerians! God bless nigeria exceedingly!