The Crucifixion of Onnoghen

By John Chukwu…

Following the suspension of the Chief Justice of Nigeria – CJN – Justice Walter Samuel Nkanu Onnoghen and the swearing-in of Justice Tanko Ibrahim Muhammad – as acting CJN – by President Muhammadu Buhari, the Nigerian atmosphere has known only uproar and pandemonium. The action of the President has received, mostly, wide condemnation from individuals, groups and the generality of the populace.

The suspended CJN – Onnoghen – was indicted for corrupt enrichment and false declaration of assets. He actually admitted that he forgot to declare some of his assets. This was what gave impetus to christening the act a corrupt practice. According to the Federal Government, the case against Onnoghen was something more than misconduct – as there were suspicious transactions running into millions of Dollars which it said were traced into the suspended CJN’s personal accounts. Thus, Onnoghen was arraigned to appear before the Code of Conduct Tribunal – CCT – on January 14th by the Federal Government over a six-count charge which was contained in a petition filed by Anti-Corruption and Research Data-Based Initiative – ARDI – a civil society group.

However, there were strong claims in different quarters that the entire process of petition filing, arraignment and trial were characterised by procedural inadequacies. More so, the jurisdiction of the CCT to try Onnoghen was still being subjected to a challenge – as the Court of Appeal has asked the tribunal to stay proceedings, on January 24th. But, then, on the following day, January 25th, Buhari suspended Onnoghen – based on the ruling of the CCT; which is not a judicial body – and swore-in Justice Muhammad as the acting CJN.

The suspension of the CJN and appointment of another – in acting capacity – took people unawares. It came as a shocker to many. It was an action least expected. Following the provision of the constitution in relation to the removal of a CJN, the act was deemed unconstitutional and a dirty slap and utter mockery to our democracy. This is evident in the gross non-adherence of Section 292 (1a) and Section 231 (1 and 2) of the Constitution – both sections require the involvement of the three arms of government – executive, legislature and judiciary – in carrying out such actions. Therefore, Buahri’s action took an undemocratic turn and made nonsense of his claim of being a repentant democrat.

This kind of action is usually seen in military regimes where a dictator may do as he wishes. For example, during the regime of Murtala Muhammad, in 1975, he suspended the constitution to remove the then CJN, Taslim Elias, from office. We are no longer in the era where the government can wake up in the morning and do as it deems fit. This act, however, has set us thousands of steps backward. And it is rather unfortunate that this happened at a time we are gradually gaining confidence in the level of our democratic practice and fashioning out ourselves as a democratic paragon for African countries. Shame!

The entire polity has been terribly and horribly heated in proportions never envisaged. Different groups are protesting the suspension of the CJN – in different parts of the country. The Nigerian Bar Association – NBA – declared a nationwide strike though it was greeted with non-compliance and apathy. The nation has since been divided further as the South-south region sees the suspension as an act of persecution to their son – Onnoghen; who is from Cross River State. There is nothing more that is on the lips of Nigerians and the media except the suspension and other related stories that have trailed it.

It is quite very messy and appalling that this unwholesome judicial and political drama came at a time the 2019 general elections are just a few weeks away. The opposition parties have already cashed into the matter and described it as a well-calculated display of frustration by the All Progressives Congress – APC – to win the upcoming elections. Moreover, hands are pointing at the moral justification, Mr Danladi Umar, the CCT chairman, has in being in charge of the tribunal as he is also facing corruption charges. And he has not been suspended by Buhari.

 Read also: The Conspiracy Against The Rule Of Law

One of the core agenda of the Buhari administration is fighting corruption. This agenda is well appreciated because corruption is one disease that has rubbished our national system and made us appear backward in the comity of nations. They say that the greatest harm comes from the best intentions. The President, I believe, has the best intention of getting Nigeria rid of corruption but critical cognizance and due adherence to the rule of law have to be imbibed in the execution of this lofty duty – of fighting corruption. If the President had followed due process in the suspension of the CJN, the scary and harmful dust that has been raised in the country would not have come up.

However, this act of flagrant violation of law has created a bad image for the President, his administration and placed Nigeria as a nation that still has to mature in the way and manner it handles her affairs of democratic administration. This puerile judicial coup is already a bad topic of discussion in the international community. Too bad!

Meanwhile, Onnoghen’s lawyers – Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi and James Onoja – have already filed a suit against the federal government, at the Court of Appeal, over his suspension. This would further make the issue thick and long to resolve. Also, this would continue to be a distraction to the Federal Government. Inasmuch as the Federal Government is focussed towards winning the forthcoming elections, their duties and responsibilities to Nigerians and Nigeria have to be given attention. Having a heavy issue that concerns an illegal removal of the head of an arm of government is not just an issue to walk over.

The acting CJN, Justice Muhammad, has already sworn-in 250 election tribunal members at the Supreme Court Complex in Abuja. It is disgraceful, belittling and shameful that the names of ten dead people and retired judges were included in the members to be sworn-in. For example Justice Edemekong Edemekong whose name appeared as number 58 died in 2013. One Justice Chukwu from Ebonyi state, formerly of the Federal High Court, who is number 53 on the list, has long being dead. Justice Stephen Okon, a retired Chief Judge of Akwa Ibom State and Justice Okoyo Essang, a retired Justice of the High Court in Akwa Ibom State, who is number 56, also made the list.

This is not the way forward. This is not the kind of Nigeria that our national heroes like Dr Nnamdi Azikiwe, Chief Obafemi Awolowo and Alhaji Ahmadu Bello fought for. This is not the kind of Nigeria we should have in this 21st century. I am greatly depressed and ashamed – as the situation in Nigeria gets messier, messier and messier each waking day. I hardly think any right thinking Nigerian can confidently say that there is Independence of the Judiciary – in Nigeria. The crucifixion of Onnoghen has dealt us a mortal blow. When will we recover?

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