Literarily, the polity has been on fire since Friday. This came after the suspension of Mr. Justice Walter Onnoghen, the Chief Justice of Nigeria, CJN and the swearing in of his next in rank, Justice Tanko Mohammed. This is a culmination of days of suspicion, maneuvers and back stabbing following the CJN’s arraignment in an asset declaration (or lack of same) at the Code of Conduct Tribunal, CCT. The trial was recommended by the Code of Conduct Bureau, CCB. Since then, there have been arguments back and forth in support or otherwise of the process that led to the indictment and (or) trial. Commentators were equally gutted over the choice of court or tribunal that is best suited to adjudicate on judicial officers’ misdemeanors.
At the swearing-in ceremony, President Muhammadu Buhari revealed the reasons for his action over the CJN affair. He stated that he was “..served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers”. He also said that as a result “the nation has been gripped by the tragic realities of no less a personality than the Chief Justice of Nigeria, himself becoming the accused person in a corruption trial since details of the petition against him by a Civil Society Organisation first became public about a fortnight ago.
“Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law. Perhaps more worrisome is the Chief Justice of Nigeria’s own written admission to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, citing ”mistake” and “forgetfulness” which are totally unknown to our laws as defences in the circumstances of his case. One expected that with his moral authority so wounded, by these serious charges of corruption, more so by his own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to spare our judicial arm further disrepute by removing himself from superintending over it while his trial lasted”, he continued.
This singular action has attracted wide condemnation. Even our friends from around the world have waded in. The British Government has expressed worry over the removal of Onnoghen. This comes barely hours after the American government disagreed with the Federal Government over the removal of the CJN. The United Kingdom questioned the timing of the removal, which occurred three weeks to the election, that could cast a shadow over the polls while the US believed that the CJN’s removal could affect the credibility of the polls. The UK statement read, “we respect Nigeria’s sovereign authority and its right to adjudicate on constitutional provisions but as friends of the Nigerian people, we are compelled to observe that the timing of this action, so close to national elections, gives cause for concern. It risks affecting both domestic and international perceptions on the credibility of the forthcoming elections. We, along with other members of the international community, are following developments closely.”
On her part, the US Embassy said “the Embassy of the United States is deeply concerned by the impact of the executive branch’s decision to suspend and replace the Chief Justice and head of the judicial branch without the support of the legislative branch on the eve of national and state elections. We note widespread Nigerian criticisms that this decision is unconstitutional and that it undermines the independence of the judicial branch. That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent and peaceful – leading to a credible result”.
There have been several notable voices averse to the action of Mr. President. That of the President of the Senate, Dr. Bukola Saraki, leaders of the South South and Middlebelt regions, several lawyers and opinion leaders around the country. As a result, the Senate will on Tuesday, reconvene to discuss the suspension of the CJN and the swearing-in of a successor by President Buhari.
We call for caution at times like this. While there appears to be a convergence of opinion on what should be, nobody has stated how to make progress from there. The judiciary is sacrosanct therefore those trying to “sanitise” it should come with equity; likewise judicial officers must learn how to live above board. We do not support what the President has done, while at the same time, we believe the judiciary need ethnical revival. Who then will bell the cat?
