Femi Falana, human rights lawyer and Senior Advocate of Nigeria (SAN), has written the Attorney General of the Federation (AGF) to request an immediate discontinuation of the case instituted against Walter Onnoghen, the suspended Chief Justice of Nigeria (CJN).

Onnoghen is standing trial before the Code of Conduct Tribunal (CCT) over allegations of fraudulent declaration of assets.

The letter, dated February 3, 2019, and addressed to Abubakar Malami, the Honourable Attorney-General of the Federation, was entitled: ‘Request to Discontinue the Case of FRN V Justice Walter Onnoghen at the Code of Conduct Tribunal Forthwith’.

The letter read: “Since the charge of false declaration of assets was filed against the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal, by the Code of Conduct Bureau, I have repeatedly requested you to use your good offices to discontinue the case. My request was anchored on the case of Elelu-Habeeb v Attorney-General of the Federation & Ors (2012) 40 WRN 1 where the Supreme Court held that by virtue of Section 292 of the Constitution of Nigeria, the head of any of the judicial arms of State and Federal  Governments cannot be removed from office without a prior investigation conducted by the National Judicial Council.

“Having confirmed that you have since submitted a petition to the National Judicial Council alleging grave misconduct against the Chief Justice, I am compelled to request you, once again, to file a nolle prosequi to discontinue the charge pending against his Lordship at the Code of Conduct Tribunal without any further delay. The charge should not be allowed to hang like a Sword of Damocles on the head of the Chief Justice while he is being investigated by the National Judicial Council.

“In view of your implicit confidence in the ability of members of the National Judicial Council to resolve the matter you ought to accede to the request to terminate the proceedings at the Code of Conduct Tribunal forthwith. 

“As you are no doubt aware, the withdrawal of the case from the Code of Conduct Tribunal will lead to the immediate vacation of the ex parte order relied upon by President Mohammadu Buhari to justify the illegal suspension of the Chief Justice from office and the appointment of Justice Tanko Mohammad as Acting Chief Justice of Nigeria. Even though by virtue of Paragraph 10 (2) (a) of Part 1 of the Fifth Schedule to the 1999 Constitution (as amended) the Code of Conduct Tribunal is empowered to order any public officer to vacate office the power cannot be exercised until such a public officer has been tried and convicted for breaching the provisions of the code of conduct for public officers.

Read more at:

The post Falana Writes Malami, Asks Him To Withdraw Onnoghen Case From CCT appeared first on Daily Concord.

President Muhammadu Buhari had on Friday, January 25, 2019, suspended Onnoghen over alleged none declaration of some of his assets. Subsequently, Justice Tanko Mohammed was sworn in an acting Chief Justice of Nigeria.

The American Embassy alongside the European Union, some senior legal practitioners had expressed concerns over the manner in which Onnoghen was suspended.

Speaking at the protest, Princess Ajibola urged America to support the Nigerian government war against corruption.

ALSO READ: Senate drags Buhari to court over Onnoghen

”The recent happenings in the country with regards to the Judicial arm of government has indeed caused Nigeria untold embarrassment especially with the admittance of the Chief Justice of Nigeria, Walter Onnoghen, that he forgot to declare some of his assets as mandated by the law,” Ajibola said.

“For long Nigerians have yearned for a leader who would confront the all-powerful judiciary in the country. The action of President Muhammadu Buhari against the Chief Justice of Nigeria is an action for reclaiming the soul of Nigeria.

“We are by this medium letting the world know that Nigerians are 100% in support of the action of our president. If our president does not do it for his country, is it America or Britain that would do it for us? 

Read more at:

The post Onnoghen: Pro-Buhari protesters storm US embassy over ex-CJN’s suspension appeared first on Daily Concord.

Onnoghen was suspended as the Chief Justice of Nigeria (CJN) last Friday by President Muhammadu Buhari. Ibrahim Tanko Muhammad was sworn in to take the CJN position in acting capacity.

Buhari had based Onnoghen’s suspension on a directive from the Code of Conduct Tribunal (CCT).

However, the Senate has approached the Supreme Court to get clarification on the constitutionality of the president’s action.

The Senate had earlier announced it would reconvene on Tuesday over the matter, but the plenary has also been suspended. See Also BREAKING: Senate Cancels Emergency Plenary Initially Scheduled For Tuesday 4 Comments 4 Hours Ago

A statement by Yusuph Olaniyonu, spokesman of Senate President Bukola Saraki, read: “Following the filing of the case, the matter of the suspension of the CJN which is the main issue for which the Senate had planned to reconvene tomorrow, has become subjudiced.

“Therefore, in line with the standing rules of the Senate not to debate issues that are already pending before the court, the reconvening of the Senate tomorrow has been put off. The previous adjournment of the Senate till February 19, 2019, stays.”

Read more at:

The post Senate Asks Supreme Court To Decide Constitutionality Of Onnoghen’s Suspension appeared first on Daily Concord.

Onnoghen, who has been accused of failing to declare his assets and operating several domiciliary bank accounts, will be arraigned before the Code of Conduct Tribunal (CCT) on Monday, January 14, 2019.

According to The Cable, problem started for the CJN when a group known as the Anti-Corruption and Research Based Data Initiative (ARDI) wrote a petition against him.

Reacting to the report, Atiku said Nigerians will resist any attempt to silence the judiciary.

The PDP presidential candidate also accused President Buhari of planning to get a new CJN who will do his bidding.

Atiku revealed that Dennis Aghanya, the Executive Secretary of the ARDI, the group that wrote the petition against Onnoghen, was the spokesman of the Congress for Progressive Change (CPC), Buhari’s former party before the merger that formed the All Progressives Congress (APC).

The presidential candidate said that there will be an epic battle if Buhari and the APC succeed in removing Onnoghen.

Atiku also faulted the Code of Conduct Bureau (CCB) for reportedly transferring the CJN’s case to the CCT, adding that the power to punish erring judicial officers rests on the National Judicial Council (NJC).

“The proper procedure would have been for the petition to be referred to the JSC of which Onnoghen is the Chairman, but he would have to excuse himself from the process. If found guilty, he could be asked to vacate his office as CJN, in addition to other punishments,” he added.

According to Daily Post, Atiku said “We have just been made aware of the plot by President Muhammadu Buhari the All Progressives Congress (APC) to sack Justice Walter Samuel Nkanu Onnoghen using flimsy assets declaration issues as a pretext. We are aware that there are plans to arraign Justice Onnoghen before the Justice Danladi Yakubu Umar led- Code of Conduct Tribunal on Monday, January, 14, 2019. The charge against Onnoghen, we understand has already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal.

”But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election. Heavens did not fall when PDP lost to the APC in 2015. And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through.

Source:

The post Atiku warns against forceful removal of CJN, Onnoghen appeared first on Daily Concord.