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Onnoghen versus CCT: What the constitution actually says - Afe Babalola

Trying the Chief Justice of Nigeria (CJN), Walter Onnoghen, at the Code of Conduct Tribunal (CCT) over alleged failure to fully declare his assets is a denigration of the country’s judiciary and the constitution, Chief Afe Babalola has warned.

Babalola, a prominent and respected legal luminary in Nigeria, says the constitution makes it clear that any infraction by judges must first be investigated by the National Judicial Council (NJC) and resolved and this is “to the exclusion of any other body or authority.”

In a statement reported by The Punch, on Sunday, January 13, Babalola said two wrongs do not make a right.

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He also argued that the law had made the processes for the trial and removal of judicial officers clear.

He warned the federal government to desist from “contempt and denigration of the judiciary.”

“I am of the view that the constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority,” he said while citing the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) saying this still subsists and has not been set aside.

“I therefore see no justification for the decision to arraign the CJN before the CCT.

“Again, the point must be made clear that the constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.

“It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.

“By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

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“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” Babalola said.

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Source: Legit.ng



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