What CJN Onnoghen’s trial means for judiciary

The nation’s judiciary was thrown into its most serious crisis ever on Saturday when news of plans to arraign the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, on allegations of false asset declaration filtered in. The Code of Conduct Bureau (CCB) filed a six-count charge against the CJN before the Code of Conduct Tribunal […]

The nation’s judiciary was thrown into its most serious crisis ever on Saturday when news of plans to arraign the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, on allegations of false asset declaration filtered in.

The Code of Conduct Bureau (CCB) filed a six-count charge against the CJN before the Code of Conduct Tribunal (CCT) over alleged failure to declare his asset upon assumption of office as provided in Section 15 (1) of the Code of Conduct Bureau and Tribunal Act C15, punishable under Section 23 (2) (a) (b) and (c) of the same Act.

Perhaps another shocking episode in the nation’s judiciary was in the midnight of October 8, 2016 when the Department of State Services (DSS) raided the home of judges in the FCT, Rivers, Gombe, Kano, Enugu and Sokoto states on suspicions of corruption, where items and cash in local and foreign currencies were recovered.

Judges affected by the raid are Justices Adeniyi Ademola and Nnamdi Dimgba of the Federal High Court Abuja; Mohammed Liman, Federal High Court Port Harcourt; Justice Muazu Pindiga, Gombe State High Court; Justice Kabiru Auta, Kano High Court; Justice Samia, Sokoto High Court; A.I Umezulike, Chief Judge, Enugu High Court; and Justices Sylvester Ngwuta and John Inyang Okoro of the Supreme Court.

Most of the judges were eventually not charged while none of those tried was successfully convicted by the courts.

Justice Onnoghen was charged following a petition by the Executive Secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), Dennis Aghanya.

The ARDI alleged that Justice Onnoghen failed to declare his asset upon assumption of office as provided in Section 15 (1) of the Code of Conduct Bureau and Tribunal Act C15.

It further alleged that Justice Onnoghen maintained domiciliary accounts in US Dollars, British Pounds and Euro in different bank accounts in Nigeria, which were omitted in his asset form, and also claimed that he made over five deposits of $10, 000 into his Standard Chartered Bank account between March 8, 2011 and June 28, 2011.

In the charges, the CJN was said to have in 2016 failed to declare his assets as a Justice of the Supreme Court of Nigeria by allegedly “omitting to declare a domiciliary (Euro) account no: 930011062685 he maintained with Standard Chartered Bank Ltd, Wuse 2, Abuja, which is being operated since 2011.”

The CJN was also alleged to have falsely declared his assets to the CCB after he was appointed the Chief Justice of Nigeria by “omitting to declare a domiciliary (US Dollar) account No. 870001062650 he maintained with the Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011.”

On Friday January 11, Justice Onnoghen in a statement to CCB investigators explained that his non-compliance with some aspects of his asset declaration form was as a result of mistake.

He said that the undeclared foreign currencies found in his Standard Chartered Bank were sourced from his estacodes and medical allowances, including funds from his days in private practice between 1979 and 1989.

However, a lot of criticisms greeted the move to arraign the CJN, particularly the perceived haste by the anti-corruption agency.

The Nigerian Bar Association (NBA) and senior lawyers such as Afe Babalola, Olisa Agbakoba, Mike Ozekhome, Femi Falana, Sebastine Hon, among others, said the move is a breach of Section 153 (1) (i) and Paragraph 20 Part One of the Third Schedule to the 1999 Constitution.

The Christian Lawyers’ Fellowship of Nigeria (CLASFON) said it is a usurpation of the role of the National Judicial Council (NJC) in the discipline of judicial officers provided in Paragraph 21(b) and (g) of the Third Schedule to the 1999 Nigerian Constitution.

Allegations of impropriety in the judiciary usually highlight the weaknesses and irregularities in justice administration. It risks judicial independence and the country’s democracy. Lawyers agree that though sad development, the impact on the image of the judiciary is not likely to be adverse.

Reacting to this, Ahmed Raji (SAN) hoped that a solution would be found “in a way that will protect the independence and integrity of the judiciary and at the same time enhance the government’s resolve to fight any form of breach of our laws.”

Raji added that it would be speculative to start measuring the impact the trial could have on the country’s democracy, adding that focus should be on the present by praying for wisdom and courage for all those involved.

He noted the Vice President’s designation of the development as a very sad one; while insisting that wisdom would lead to resolution of the problem so that the society can move forward.

In the same vein, Biodun Layonu (SAN) said the development was bad for the judiciary’s image with the issue not really being on whether the CJN did or did not do what he was accused of, but because the government did not follow due process.

“Presently there are extant courts orders restraining the tribunal from going ahead with the arraignment; thus, the tribunal has to first decide on whether it is bound by those orders or not regardless of whether the orders come from a court of coordinate jurisdiction. The matter has become more complicated,” he said.

“The tribunal would have to rule one way or the other also on the preliminary objection against the tribunal’s jurisdiction. The tribunal would have to take all these applications as threshold matters, which means it has to consider them first before even talking about any arraignment.”

A Kaduna-based lawyer, Mohammed Sani, said the trial would send a signal to all judges on implications of being found in breach of the laws.  He added that the law does not specify any time when a person cannot be tried for an offence “whether he is there or not, there will be an election. Anything the judiciary ought to do before and after election would be done.”

However, Abuja-based human rights lawyer Hameed Ajibola Jimoh said the trial does not hold any negative effect on the image of the judiciary or its independence.

“It only affirms the position that there is rule of law and that no one is above the law regardless of his status except those that the constitution of the land have been conferred immunity from prosecution which lasts only while they occupy such office,” he said.

“More so, the trial was also a confirmation of the independence of the Code of Conduct Bureau to try any public officer who breaches the code of conducts for public officers.”

Barrister E.M.D. Umukoro said rather than negatively affecting the image of the judiciary, the development would cause anyone who decides to be a lawyer or a judge to know he or she must live above board and be seen to live above board.

“Judges are human beings and are capable of making mistakes. Can the Chief Justice of Nigeria or another public officer be subjected to criminal trials or any other action? The answer is yes. Nobody, not even the President of the Federal Republic of Nigeria, is above the law,” he said.

He said what many stakeholders in the justice sector are interested in is that the due process of the law is followed.

“What the laws of the land have done is to set out the ‘when’ and ‘how’ to go about the enforcement of these laws. There is nothing wrong in a public officer, who has been alleged to have committed a criminal office, being charged to court.

Many are of the view that to further protect the sanctity of the judiciary, the CJN must first step aside from the bench as chairman of the NJC, which is the body vested with powers to discipline judges.

“I don’t think he would want to take part in an issue that directly involves him. It doesn’t need to be emphasized that if the complaints affect him, he should not be seen to be a judge in his own case,” Raji said.

Similarly, Umukoro said “The trial of the Chief Judge of Nigeria without first relieving him of the position will no doubt reduce the respect the public has for the judiciary as an institution.”