PRESIDENT BUHARI GIVE REASONS WHY HE SUSPENDED JUSTICE WALTER ONNOGHEN
PRESIDENT BUHARI GIVE REASONS WHY HE SUSPENDED JUSTICE WALTER ONNOGHEN
Yesterday, President Buhari suspended embattled
Chief Justice of Nigeria, Justice Walter Onnoghen and appointed Justice Tanko
Muahammad as the acting CJN. While swearing in Justice Muhammad, President gave
reasons for Onnoghen's suspension. He stated this during the swearing-in
ceremony. Full text below...
A short while ago, I 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.
2. 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 Organization first became public about a
fortnight ago.
3. 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.
4. 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.
5. 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.
6. Unfortunately, he has not done so. Instead, the
nation has been treated to the sordid spectacle of a judicial game of wits in
which the Chief Justice of Nigeria and his legal team have made nonsense of the
efforts of the Code of Conduct Tribunal to hear the allegation on merit and
conclude the trial as quickly as possible considering the nature of the times
in which we live.
7. Whether deliberately or inadvertently, we have
all seen the full weight of the Chief Justice of Nigeria descend on the tender
head of one of the organs of justice under his control. There is simply no way
the officers of that court, from the Chairman to the bailiffs, can pretend to
be unaffected by the influence of the leader of the Judiciary.
8. Not only the trial court, but others have been
put on the spot. Practically every other day since his trial commenced, the
nation has witnessed various courts granting orders and counter-orders in
favour of the Chief Justice of Nigeria, all of them characterised by an unholy
alacrity between the time of filing, hearing and delivery of judgment in same.
9. The real effect has been a stalling of the
trial of Justice Onnoghen, helped along by lawyers who insist that these
orders, whether right or wrong are technically valid, and must be obeyed till
an appellate Court says otherwise. No doubt that it is the proper
interpretation, but is it right disposition for our nation?.
10. Nigeria is a constitutional democracy and no
one must be, or be seen to be, above the law. Unfortunately, the drama around
the trial of the Chief Justice of Nigeria has challenged that pillar of justice
in the perception of the ordinary man on the street. For it is certain that no
ordinary Nigerian can get the swift and special treatment Justice Onnoghen has
enjoyed from his subordinates and privies in our Judicature.
11. In the midst of all these distracting events,
the essential question of whether the accused CJN actually has a case to answer
has been lost in the squabble over the form and nature of his trial. This
should not be so.
12. If Justice cannot be done and clearly seen to
be done, society itself is at risk of the most unimaginable chaos. As a
Government, we cannot stand by wailing and wringing our hands helplessly but
give our full backing and support to those brave elements within the Judiciary
who act forthrightly, irrespective of who is involved.
13. As you are all aware, the fight against
corruption is one of the tripod of policies promised to Nigerians by this
administration. Needless to say that it is an existential Policy which must be
given adequate attention and commitment by all the three arms of government.
The efforts of the Executive will amount to nothing without the cooperation of
the Legislature and especially the Judiciary.
14. It is no secret that this government is
dissatisfied with the alarming rate in which the Supreme Court of Nigeria under
the oversight of Justice Walter Onnoghen has serially set free, persons accused
of the most dire acts of corruption, often on mere technicalities, and after
quite a number of them have been convicted by the trial and appellate courts.
15. Since there is nothing the Executive Arm can
do after the apex court of the land has spoken on any matter, several of these
individuals walk free among us today, enjoying what are clearly the proceeds of
the corruption which for so long has defeated the efforts of this nation to
develop and prosper.
16. It is against this background that I have
received the Order of the Code of Conduct Tribunal directing me to suspend the
Chief Justice pending final determination of the cases against him. It also
explains why I am not only complying immediately, but with some degree of
relief for the battered sensibilities of ordinary Nigerians whose patience must
have become severely over-taxed by these anomalies.
17. In line with this administration’s avowed
respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code
of Conduct Tribunal dated 23rd January 2019.
18. Accordingly, I hereby suspend the Honourable
Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice of Nigeria
pending final determination of the case against him at the Code of Conduct
Tribunal.
19. In further compliance with the same Order of
the Code of Conduct Tribunal, I hereby invite Honourable Justice Ibrahim Tanko
Mohammed JSC, being the next most Senior Justice in the Supreme Court, to come
forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting
Capacity.
20. Fellow Nigerians, we can only stand a chance
to win the fight against Corruption, and position our dear nation for
accelerated development when we stand together to contend against it.
Thank you and may God bless our country.
#SOURCE=LIB
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