ONNOGHEN, CHIEF JUSTICE OF NIGERIA, SUBMITS TO ARRAIGNMENT BEFORE THE CCT

Justice Onnoghen, 2nd from left.

After several efforts by his lawyers to prevent his arraignment, the Chief Justice of Nigeria, Justice Walter Onnoghen, finally submitted himself for arraignment before the Code of Conduct Tribunal, CCT. The development follows a warrant of arrest issued by the Tribunal, two days ago, against the suspended Chief Justice for serial failure to appear before the tribunal as directed.

His first date of arraignment was 14th January, 2019.

After taking the dock on 15th February, 2019, the Chief Justice pleaded not guilty to the six charges leveled against him. The charges arise principally from the CJN’s alleged failure to declare, as required by the Constitution, certain bank accounts used for the transfer of foreign currencies to his benefit after his appointment as the Chief Justice of Nigeria.

Chief Justice Onnoghen in the dock

His bail application which was moved by his lead lawyer, Chris Uche, SAN, was granted by the Tribunal Chairman, Danladi Umar, on  face recognizance.

The CCT is one of the most powerful constitutional tribunals in Nigeria. It has jurisdiction over a Constitutionally prescribed code, the Code of Conduct for Public Officers which every public officer in every level and arm of government of Nigeria has a duty to observe – which gives it jurisdiction over even the Chief Justice of Nigeria. The agency with primary responsibility for ensuring compliance with the the Code is the Code of Conduct Bureau, CCB. It is only when a public officer after being confronted with allegations of infractions of the Code fails to fully admit to such infractions and submit to the prescribed penalties that the CCB is allowed to approach the CCT to adjudicate the matter. A member of the CCT has the most secured job connected with Nigeria’s judicial powers as it takes two-third majority of both chambers of the National Assembly (Senate and House of Representatives) for the President to remove any of them. Appeal from its decisions go direct to the Court of Appeal and terminates at the Supreme Court.

The Chief Justice of Nigeria is one more high profile accused person to have graced the dock of the CCT with the most recent being that of the President of the Nigerian Senate, Bukola Saraki. Saraki was eventually cleared of all the charges by the Onnoghen led Supreme Court of Nigeria.

It would also be recalled that the CCT had issued an ex parte order which purportedly empowered President Muhammadu Buhari to suspend Onnoghen as Nigeria’s Chief Justice on 25th January, 2019 following initial efforts to arraign him that Onnoghen’s lawyers resisted. The suspension proved very controversial as it elicited adverse remarks from both within and outside the country decrying its constitutionality. However, the suspension had stood, due to the fact that there is no express procedure for the suspension of the Chief Justice under the 1999 Constitution – a lacuna which enabled the appointment of Acting Chief Justice Tanko Muhammadu,

By taking the dock, the Chief Justice now has an opportunity to answer his accusers and if found not guilty, to clear his name and perhaps return to his elevated office.