A Senior Advocate of Nigeria (SAN), Sebastian Hon, has advised the Chief Justice of Nigeria (CJN), Walter Onnoghen, to disregard the call by the Federal Government to resign from office.
Mr. Hon made the demand on Saturday as the controversy over the planned trial of the CJN and the call for his resignation rages.
The Code of Conduct Tribunal (CCT), on Saturday, said it has raised a panel to try Mr. Onnoghen on an alleged false asset declaration.
The CCT further indicated that corruption charges have been slammed against the CJN, adding that trial will commence on Monday.
Premium Times had reported that the charges are based on a petition filed by a civil society group, Anti-Corruption and Research-Based Data Initiative.
The petition dated January 7, 2019, accuses the CJN of managing several accounts and making transfers of local and foreign currencies in “a manner inconsistent with financial accuracy,” the petition signed by the group’s Executive Secretary, Denis Aghanya, said.
A statement by the CCT stated that the planned trial “was consequent to an application filed by the Code of Conduct Bureau to the CCT Chairman for the trial to commence against the Chief Justice of Nigeria on six count charges.”
Consequently, a three-member panel led by Justice Danladi Umar will commence the trial on Monday at the CCT headquarter, along Jabi Daki Biyu, Saloman Lar Way, Abuja, at about 10:00 a.m.
But Mr. Hon questioned the haste shown by the Federal Government to get Mr. Onnoghen out of office.
While acknowledging that the CJN lacked immunity from criminal prosecution, he described the action of the government as “dangerously political and tendentious.”
“Suddenly, we woke to see a petition leaked to the informal or social media, allegedly received by the Code of Conduct on 9th January 2019,” Mr. Hon argued.
“Suddenly, we are told charges have been filed against the CJN. Suddenly the Presidency is reportedly asking him to step aside! Was he interrogated or interviewed and his own reactions obtained? Why this supersonic rush?
“These steps are more political than honest. There is an attempt to destroy the Judiciary or gag it; and in the latter situation, to hector it into submission. I personally say no to this! All Nigerians of good will must say no to this unprovoked assault on the Judiciary,” he said.
After unsuccessful attempts to reign in the National Assembly, he said the same unholy attention is now beamed on the judiciary.
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“If this arm of government is destroyed, due process, constitutionalism and the rule of law will pave the way to whimsical, narrow and brute force, at the instance of one man or a select few! I personally say no to this.
“Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now?
“The Federal prosecutors are also aware of extant decisions of the Court of Appeal, to the effect that unless and until the NJC pronounces a Judicial Officer guilty, he cannot be arraigned in court,” he canvased.
Knowing the decisions of the Court of Appeal have on the matter have not been overruled; he said going ahead with the charges and leaking it to the media are solely meant to humiliate the CJN.
“I strongly counsel the CJN not to heed the obviously unholy call that he should step aside. There is light, I am strongly persuaded, at the end of the tunnel,” he said.