The aborted arraignment by the Code of Conduct Tribunal of Chief Justice Walter Onnoghen for alleged false and non-declaration of assets; and the public opprobrium that greeted it is a pointer to another systemic failure of government. On the one hand, it is an issue that had potential for making the government stronger in its campaign for transparency and accountability in public sphere. On the other hand, it is badly timed and badly handled as to raise potent suspicion of ill-motivation on government’s part.
It is hardly surprising therefore that the matter is opening up both legal and political controversies. Politically, stakeholders are reading undertones into government’s action, believing it is meant to undermine them and to prepare ground for the manipulation of the general elections next month. And legally, even before the commencement of trial which has now been put off till January 22, 2019, a Federal High Court has reportedly made an interim pronouncement halting the arraignment of Chief Justice Onnoghen.
These are developments that the country needs the least, given the fragile peace and high tension it is presently coping with; and added to the fact that the general elections are just a few weeks away. The entire scenario makes it difficult for government to justify its action as being bereft of political machinations; else it showcases that somebody is careless about public sensibilities. Either way, it is a minus for government.
Beyond these, the allegations portend grave danger to the polity, as it tends to diminish the reverence that should normally go with the Judiciary, not just as the third arm of government, but also as representing the last hope of the common man. That the central figure of the allegations is the head of the arm of government constitutionally mandated to steer a balance of power within the polity is as unprecedented as it is sad. To avert this undesirable notion, it is necessary for the federal government to tread slowly and cautiously in dealing with the matter.
It is worth emphasising that no one, not even the CJN is above the law. Whoever falls foul should be dealt with lawfully and in accordance with due process. However, the allegations against Chief justice Onnoghen remain no more than allegations until they are given credence by a competent court. The federal government should accept responsibility for the criticisms unleashed upon it by many Nigerians who insist that the charges offend the spirit of the law and due process.
The first indication of the planned trial of the Chief Justice was given on Saturday when the Code of Conduct Tribunal (CCT) issued a statement through its Head, Press and Public Relations, Mr. Ibraheem Al-Hassan that Chief Justice Onnoghen would be arraigned before the tribunal yesterday on six-count allegations of false and non-assets declaration. The charges were based on petition filed at the Code of Conduct Bureau by a civil society organisation, the Anti-Corruption and Research Based Data Initiative (ARDI).
In the petition which Mr. Dennis Agbanya, Executive Secretary of the Organisation made available to the press, the group gave details of various bank transactions allegedly done by the CJN between 2011 and 2016, concluding that “these appear to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.”
So far, the major contention of lawyers is that Mr. Onnoghen’s arraignment and trial are improper, having regard to the judicial precedent in the matter of Nganjiwa v Federal Republic of Nigeria (2017), decided by the court of Appeal to the effect that a judicial officer can only be tried for a criminal offence after he has been investigated by the National Judicial Council and referred to the appropriate court.
Whether or not the CCT upholds this position, it will still need to decide if the Chief Justice can be asked to step down pending his trial, as the prosecutor plans to do, in view of section 292 of the 1999 Constitution which stipulates that his removal can only be done by the president acting on an address supported by two-third majority of the Senate.
Apart from the strict legalities, there is the moral question arising from the unusual speed with which the CCT is going about its bid to prosecute the CJN. As pointed out by the Nigerian Bar Association in its reaction: “If one contemplates the fact that the CCT arraignment is scheduled to take place on January 14, we have in total a record number of three working days between the receipt and processing of the petition, investigation, preparation of charge and ancillary processes, and the arraignment.”
These are among other issues that government will need to contend with in its case against Justice Onnoghen. And considering that the petitioner is a former media aide to President Muhammadu Buhari, and also said to be a member of his ruling All Progressives Congress (APC) the herculean task of government therefore is to convince Nigerians that its sole objective is to pursue its resolve against corruption, and not to embark on self-serving political vindictiveness.
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