The Code of Conduct Tribunal (CCT) yesterday ordered the Inspector General of Police (IGP) and the Director General, Department of State Services (DSS) to arrest and produce the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, in court within 48 hours. The Chairman of the tribunal, Danladi Umar, issued the bench warrant against Onnoghen for being absent from court where he was to face arraignment for allegedly failing to declare his assets. The CCT, at its February 4 sitting, had insisted that Onnoghen must make himself available in court at the next adjourned date, being yesterday, for arraignment before any other motion could be entertained.
At the resumed sitting of the tribunal yesterday, the suspended CJN was not in court. Rather, his team of lawyers led by Chief Adegboyega Awomolo (SAN) prayed the court to take all pending applications relating to the trial, particularly that of the tribunal’s jurisdiction to hear the matter. The senior counsel insisted that the issue of jurisdiction must be determined one way or another before the tribunal could proceed to take further motions. He, therefore, prayed the tribunal to allow the issue of jurisdiction, which is the foundation of the trial, to be resolved in the interest of justice.
But counsel to the Federal Government, Aliyu Umar (SAN), opposed the application by Onnoghen’s counsel, insisting that the issue of the defendant’s absence in court to take his plea must be addressed first. He stated that until the defendant appeared physically in court, the issue of jurisdiction and other motions would not be taken. According to Umar, Onnoghen has the right to refuse to take plea but has no right to refuse to appear in court.
The counsel recalled that since January 14, when Onnoghen ought to have been arraigned, he has not appeared in court. He added that even after the service of the charge had been effected to Onnoghen in person, he still did not appear in court. The lead prosecuting counsel said the consistent absence of the CJN from court was a violation of provisions of the Administration of Criminal Justice Act; arguing that by virtue of section 396(2) of the Act, no objections could be raised by the defendant until he took his plea. Onnoghen having not taken his plea, the objection by him could not be heard, the prosecution said.
Immediately he concluded his argument, the CCT boss brought out a written ruling and began to read.
He read from the document, an order that a bench warrant be issued against Onnoghen for his arrest either by the IGP or the DSS boss and to produce him before the tribunal on Friday. According to Umar, the embattled CJN must first humble himself before the jurisdiction of Danladi’s tribunal before raising whatever objection he has to the trial thereafter.
Hear Umar in his own words: “I recall at the last adjournment that I insisted that the defendant must appear in court today. My memory is intact. But since he has chosen not to be in court, this tribunal has no option than to use machinery at its disposal to compel his appearance in court. For this reason, a bench warrant is hereby issued to the Inspector General of Police or the Director General of the Department of State Services to produce him before this tribunal on Friday. He must be in the dock on Friday unfailingly,” Umar charged.
Shortly after the ruling, the Federal Government lawyer drew attention of the tribunal’s chairman to the fact that Friday is the eve of the presidential election, but Umar dismissed the information and insisted that Onnoghen must be brought before him on the next adjourned date. Without allowing the two other members of the tribunal to make input or react to the ruling, Umar announced that the matter be adjourned till Friday and arose.
In a reaction, former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), said the CCT went too far by issuing the arrest warrant, despite the fact that its jurisdiction to try the case has been challenged by the National Judicial Council (NJC).
In a statement yesterday, Agbakoba said: “I am shocked that the Code of Conduct Tribunal will issue a bench warrant for the arrest of Hon. Justice Walter Onnoghen, knowing full well that its jurisdiction to try the case has been challenged and the application on the challenge is on the CCT docket, and no hearing has occurred.
”The CCT is aware that there is now before the NJC, a petition against Onnoghen on exactly the same charges at the CCT. The CCT ought to await the outcome of the pending matters in the NJC, Appeal Court and Federal High Court. The conduct of the CCT subverts the rule of law and due process.”
In a related development, the NJC has constituted a five-man panel to investigate petitions written against the suspended Onnoghen and the Acting CJN, Justice Tanko Muhammad, in line with Rule 20 (1) of its regulations. The council, in continuation of its emergency meetings yesterday, also forwarded a new petition written against Justice Muhammad by the Action People’s Party (APP) to him for his response within seven working days.
According to a statement yesterday by the Director of Information, NJC, Mr. Soji Oye, the council found that the preliminary assessment of the petitions against the two justices showed that the allegations were worthy of further investigation and should not be terminated under Rule 17 of the Judicial Discipline Regulations of the council.
The new investigation committee, set up pursuant to Rule 20 (1) of the Judicial Discipline Regulations, is under the chairmanship of a retired Justice of the Supreme Court, Justice S. A. Akintan. The NJC directed the panel to work expeditiously to determine all the petitions and responses, and report the same to the council for a final decision.
In January, President Muhammadu Buhari suspended Onnoghen and replaced him with the Supreme Court’s second-ranking judge, Ibrahim Tanko Muhammad, in an acting capacity. The president said he acted on the order of the CCT.
The suspension was roundly criticized by opposition leaders and the legal community, who argued that the president’s move violated the Rule of Law and accused Buhari of trying to hamstrung the judiciary and to put it in a position where it can do the bidding of the ruling All Progressives Congress (APC) in case the outcomes of the presidential elections are disputed. The main opposition People’s Democratic Party said it was “an act of dictatorship,” while the US, the UK and the European Union said it could undermine the February 16 poll.
The CCT order came after the National Judicial Council (NJC) inaugurated a five-member committee to investigate allegations against the suspended CJN Onnoghen and the acting CJN, Tanko Mohammad. The council said the committee will be headed by Justice S A Akintan, CON; a retired Justice of the Supreme Court of Nigeria.
The committee will “determine all the petitions and responses and report to the council for a final decision.” The NJC also said it received another petition against Mohammad by the Action People’s Party (APP). Details of the petition remain unknown.
CCT Chairman Danladi Umar
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