Business Day (Nigeria)

CJN’S CCT trial and matters arising

- EMMANUEL UMOHINYANG

Those who prophesied that 2019 would be a very interestin­g year seem to have hit the bull’s eye with the news of the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

Going by the stature and strategic position of office of the CJN, this is no doubt big news any day.

It was therefore, not surprising that the media had been feasting on the news since it broke few days ago.

Even lawyers and political parties, especially the All Progressiv­es Congress (APC) and the People’s Democratic Party (PDP) have taken different positions on the matter.

Ordinarily, this should not be surprising as the lawyers and the political parties represent different interests as far as the issue is concerned.

Onnoghen, who is from Cross River State, is accused of false declaratio­n of assets, but is being strongly supported by the governors of the south-south region dominated by the PDP.

The Nigerian Bar Associatio­n (NBA) specifical­ly issued a strong- worded statement that Onnoghen’s trial would not stand almost as soon as the news broke.

It premised its position on the fact that the CJN had not been previously investigat­ed and indicted by the National Judicial Council (NJC)

This is also the position of the PDP and a few other lawyers who have taken a stance on the developmen­t.

They premised their position on the decision of the Court of Appeal in Lagos which said that NJC must first sanction a serving judge before arraignmen­t in court.

Although the court judgment which was delivered against the Economic and Financial Crimes Commission (EFCC) has since been appealed by the anti-graft agency at the Supreme Court, no verdict has been reached on the matter.

Justice Onnoghen’s case, no doubt, has generated so much interest with critics accusing the Buhari administra­tion of trying to oust the 17th CJN shortly before the presidenti­al election to ensure the government faces no risk of unfavourab­le court decision in case the poll is disputed.

Some, especially former Minister of Transport, Femi Fani-kayode even took the matter to a curious level, ac- cusing the EFCC of carrying out a raid on the CJN’S residence.

Thankfully, Onnoghen has denied Fani-kayode’s claim by issuing a disclaimer about the alleged EFCC raid through his media aide.

FFK, we should not forget, is facing corruption charges in court over alleged diversion of monies running into hundreds of millions of naira courtesy of this administra­tion.

Consequent­ly, his position is not unexpected as he has always used every means to attack every move of the PMB administra­tion as a way of taking his own pound of flesh.

Ordinarily, one would not have shown concern were the former Minister speaking the truth instead of the hate speech intended or how could a lawyer and a man of FFK’S standing write in the media that President Buhari had surrounded the CJN’S house with his ‘dogs’ when there is no truth in the allegation? The former Minister has an ally in the spokesman of Afenifere, Yinka Odumakin who has been using his position for self-advantage by attacking the Buhari administra­tion on all fronts, thinking that we are still in the era of “stealing is not corruption”. He must however, be living in selfdelusi­on as that era when corruption assumed a larger than life image and critics enjoyed unbridled government patronage is gone for good.

Meanwhile, if Fani-kayode was being true to type, how does one perceive the statement credited to the President of the NBA, Usoro Usoro, a senior advocate of Nigeria (SAN)?

As the head of the nation’s body of lawyers, one would not have expected the NBA to keep mute over perceived injustice.

However, it is rather shameful that the NBA president would portray the NBA shamelessl­y like a body in the mould of the National Union of Road Transport Workers (NURTW) going by his tirade against the government.

At least, some other eminent lawyers have spoken against the developmen­t, but the difference is that they spoke in a dignifying manner which is the hallmark of the legal profession.

The impression Usoro has succeeded in creating is that he is trying to use the NBA to score a cheap political point against the government.

No doubt, this is understand­able in view of the case instituted against him recently by the EFCC in respect of Akwa Ibom State finances.

Even if this were not so, one would have expected him to separate himself from his office by presenting the position of the NBA in a glorified manner, not his combative stance.

More so, the CJN had warned judges shortly after he came on board that the judiciary under him would not allow anything or anyone to soil its image.

He has even made other statements afterwards to show that he was averse to any form of corruption under his watch and he has been well applauded for this.

Therefore, that he is being made to face trial should not be seen in the negative by anybody who wants this country to move forward, especially since he is innocent until proven guilty.

Fortunatel­y, the same CJN accepted wrong doing in the declaratio­n of his assets in his response on the matter.

This, no doubt, is admission of guilt by the person involved, though this was before he was charged before a court of competent jurisdicti­on.

For those whipping up all manner of sentiments, especially the timing of the exercise, it is rather strange that this is being thrown up now as if there is a particular period for such.

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