ONNOGHEN: NBA says govt goal is obvious, advises on proper means

The umbrella body of lawyers in the country, Nigeria Bar Association (NBA) has advised the federal government to soft pedal in its plan to remove the Chief Justice of Nigeria (CJN) Walter Onnoghen.

The lawyers said they were aware of the obvious goal of the government in removing the CJN but advised that due process should be followed.

A statement released by the National President of the Association, Mr. Paul Usoro, SAN, late Monday night insisted that the government had already ignored due process in prosecuting the CJN before the Code of Conduct Tribunal (CCT) without a recourse to the National Judicial Council (NJC).

The body then advised the federal government to discontinue with the trial.

The statement read, “Due process is not followed when the executive branch of the FGN files an interlocutory motion before the Code of Conduct Tribunal for the removal of the CJN.

“Such an application disparages, and assaults due process as enshrined in Section 292(1)(a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended)

“The said Section is very explicit on the due process for the CJN’s removal when it stipulates as follows: S.292(1)(a)(i), “A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances, in the case of Chief Justice of Nigeria by the President acting on an address supported by two-thirds majority of the Senate.”

“The Constitution leaves no room howsoever for the removal of the CJN from office, whether on a temporary or permanent basis, other than through the process afore-quoted.

“Being a country governed by laws, the FGN owes us a duty to comply Strictly with these provisions of the Constitution for the removal of the CJN.

Read also: Opposition parties allege fresh plot by Amaechi, El-Rufai to sack CJN Onnoghen

We, therefore, urge the executive branch of the Federal Government to please retrace its steps and discontinue the entire proceedings before the CCT forthwith and follow the constitutional procedure afore-stipulated.”

“For as long as the CJN remains a judicial officer, that process avails him and is mandatory of compliance by the FGN.

“Should the Federal Government, however, succeed in removing Honorable Mr. Justice Walter S N Onnoghen, GCON as the CJN pursuant to the provisions of Section 292(1)(a)(i) of the Constitution, there would be no need or requirement for the FGN to fulfill the NJC pre-condition ahead of his possible prosecution.

“With such a constitutional removal from office, Onnoghen CJN would cease to be a judicial officer and the allegations against him would not need to be determined by the NJC ahead of any possible prosecution.

“The choice is therefore that of FGN to make – either to pursue the removal of the CJN pursuant to Section 292(1)(a)(i) of the Constitution or report the alleged assets declaration infraction to the NJC for its consideration as a pre-condition for the possible prosecution of the CJN.

“Whichever route the FGN chooses, the CCT proceedings must abate and be discontinued”.

The lawyers describe the ongoing trial of Onnoghen as an assault that had undermined the rule of law.

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