Premium Times, an online news medium, has urged President Muhammadu Buhari to direct the withdrawal of the planned arraignment of Walter Onnoghen, Chief Justice of Nigeria, (CJN).
Mr Onnoghen is
scheduled for arraignment before the Code of Conduct Tribunal on Monday,
January 14, for allegedly omitting to declare his assets.
He is
also accused of illegally operating five domiciliary accounts in various
foreign currencies with Standard Chartered Bank since 2011.
Since
the development was made public, Nigerians, including the opposition
Peoples Democratic Party (PDP), are reading political meanings to the
six-count charge against the CJN, particularly because of the role the
judiciary will be playing as the nation elect its leaders next month.
Advising
the All Progressive Congress (APC)-led administration to withdraw the
charges against the jurist, the online news portal not only described
the charges as illegal it added that there were unconstitutional. It
cited some rulings of the judiciary to back up its claim.
“The
most important reason why the CJN ought not to have been charged before
the CCT, let alone being prepared for arraignment is because the charge
is illegal and unconstitutional,” Premium Times said in a review report
published on its website.
Premium Times argued that the head of
the country’s judiciary cannot be prosecuted while in office until he is
oust by the National Judicial Council which must take the decision if
the judicial officer is found wanting after its investigation brought
against any judge.
“The CJN is, in the eye of the law, presumed
innocent, until he is proved and found guilty. Being charged at all,
however, implicates his right to fair hearing, as many will start
arguing that he should step down from office. In other words, once
charged and arraigned, the likelihood is that calls will be made for him
to vacate office, albeit temporarily, for integrity reasons. If, in the
end, he is found not guilty, irreparable damage would have been done to
his reputation and the integrity of the Judiciary.
“In NGANJIWA
V. F. R.N, 2018, 4NWLR, Part 1609, Page 301, at page 339, para. G-page
352, para. E, the Court of Appeal (Lagos Division) held that no serving
judge in Nigeria can be investigated or tried in a court of law, without
first being removed from the Bench. A petition first must have been
written against the judge, and he must have faced an administrative
disciplinary process of the NJC for an alleged violation of the Code of
Conduct for Judicial Officers, found guilty, recommended, by the NJC,
for removal from office, and removed from office by the Executive arm of
government. In short, only dismissed judicial officers can be
investigated and prosecuted by the anti-corruption agencies. That
decision is being appealed by the EFCC at the Supreme Court.
“The
position we took when that decision was handed down was that the
judgment had no constitutional basis. Judges ( unlike the President,
Vice President, Governor and Deputy Governor) enjoy no immunity from
investigation, arrest and prosecution, while they are in service. They
do not enjoy executive immunity and are not covered by Section 308 of
the Constitution. The Court, therefore, cannot grant to the judiciary an
immunity the Constitution does not vest in it. The concept of judicial
immunity only covers the exercise of the judicial powers of a judge and
his jurisdiction. No civil action or criminal action may be taken
against him in respect of his judicial work or decisions, but he is not
shielded from criminal culpability if he commits a criminal offence
while he is in office.
“The NGANJIWA Decision, however, remains
the law in Nigeria today. Nigeria is a constitutional democracy under
the rule of law. By virtue of Section 287 of the Constitution of the
Federal Republic of Nigeria, 1999, as amended, the judgment is binding
on all authorities and persons in Nigeria, including the Executive
Branch of Government at the “Federal” level, the Office of the
Attorney-General of the Federation, the CCB and CCT.
“We support
the fight against corruption in the public sector and in the Judiciary
in particular. But this fight must be done in scrupulous conformity with
the rule of law.
“In the light of the foregoing, we call on the
President of Nigeria to direct that the charges filed against the CJN be
withdrawn forthwith for its incompetence, even as the Administration
continues to explore other legitimate and constitutional means to
continue its fight against corrupt practices in our public life.
The
allegations against the CJN may be grave, but justice cannot be served
by resorting to patent illegalities,” the online paper said.
Source:- Politicstimesng
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