Politics

Nigerian Bar Association says Onnoghen’s trial, an assault on the judiciary

The Nigerian Bar Association (NBA) has reacted to the planned trial of the Chief Justice of Nigeria (CJN), Walter Onnoghen.

According to reports, Onnoghen will be arraigned before the Code of Conduct Tribunal for reportedly failing to declare his assets and also maintaining several domiciliary bank accounts.

The NBA also wondered why the government is in a haste to arraign the number one law officer.

The association, in a statement signed by its President, Paul Usoro (SAN), said the media trial of the CJN does not follow the rule of law.

The NBA also said that the National Judicial Commission (NJC) was not informed about the charges against Onnoghen.

The association called on the Federal Government to stop debasing the rule of law.

Read the full statement obtained from Channels TV below:

Nigerians have witnessed again the targeted assault of the judiciary by agents of the Federal Government of Nigeria (“FGN”) epitomized by today’s media trial of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”).

According to media reports which have now been validated by the Statement of the Code of Conduct Tribunal (“CCT”) that was released today an application was “filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges” and that the CCT “will commence the trial on Monday, 14th January 2019.

The Nigerian Bar Association unequivocally condemns this assault, intimidation, and desecration of the Judiciary by FGN agencies and demands that it be stopped immediately.

In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the National Judicial Council (“NJC”) pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him.

As the Court pointed out, these requirements of the law are anchored on the overriding principles of separation of powers between the executive, the judiciary and the legislature and on the need to preserve, promote and protect the independence of the judiciary.

Our respective liberties and the rule of law are best protected and preserved if the judiciary remains independent and shielded from intimidation and assault by the other arms of the government.

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