WE STAND WITH JUSTICE ONNOGHEN

For sometime now, we have watched with pain and fortitude, the macabre and brazen attack on Justice Walter Nkanu Onnoghen, Chief Justice of Nigeria. The obvious intent of the APC government led by General Muhammadu Buhari is to decapitate Justice Onnoghen's career and forcibly annex and subjugate the Judiciary (an independent arm of government) to the whims of the Executive.

It will be recalled that General Buhari bluntly refused to forward Justice Onnoghen's name to the Senate for confirmation after Justice Mahmud Mohammed retired in spite of the recommendations of the National Judicial Council (NJC). Justice Mahmoud Mohammed retired on November 10, 2016, and it was only to avoid a constitutional crisis that General Buhari reluctantly authorized Vice President Yemi Osinbajo to forward Justice Onnoghen's name to the Senate on February 8, 2017, two days before the expiration of the three months allowed by the Nigerian constitution regarding acting appointments for the office of the Chief Justice of Nigeria.

It is important to note that before February 8, 2017, General Buhari had ignored a public outcry and groundswell of condemnation of his bias and prejudice against the appointment of Justice Onnoghen. When he was finally sworn in, Justice Onnoghen became the first Chief Justice of Nigeria from Southern Nigeria in 30 years.

Justice Onnoghen was sworn in on March 7, 2017, nearly two years ago. It had to take Dennis Aganya, General Buhari's former aide and former National Publicity Secretary of Buhari's CPC since that time to discover Onnoghen's false declaration of assets. But it took just two days 7th - 9th of January from when Aganya's petition was received for the Code of Conduct Tribunal to complete its investigation and prepare charges against the Chief Justice.

Nigerians are yet to be informed how Aganya gained access into Justice Onnoghen's Asset Declaration form. Yet numerous petitions have been written against Bola Ahmed Tinubu, Rotimi Amaechi, Godswill Akpabio, Babachir Lawal, Abdulrasheed Maina, Adams Oshiomole, Abdullahi Ganduje, etc, etc, but no action whatsoever has been taken against them. They are all walking around free. Once anyone moves into APC, he becomes a saint, as its party chairman himself declared recently. It is apparent that the intention may be to take advantage of the three -  month window provided in sections 231(4) and (5) of the constitution to put in a Chief Justice who will decide electoral disputes in favour of APC.

General Buhari and his APC supporters' club must remember that nothing lasts forever. Therefore, their desperation to cling to power cannot be an exception. When General Buhari was challenging President Goodluck Jonathan for power in 2015, he vowed that if he did not take power blood was going to flow. Now he is insisting that unless he clings to power, Nigeria will not have peace.

The Nigerian constitution stipulates that if a judicial officer commits an offense, the matter should be reported to the National Judicial Council. The Council will then examine the evidence against the accused and make appropriate recommendations to the president, who will then take action. Those arguing that Justice Onnoghen is Chairman of the Council must remember that Justice Ayo Salami was a member of the council when it recommended his suspension. Justice Onnoghen will obviously be excluded from the deliberations of the council if he is accused.

By the provisions of the Constitution, apart from the Chief Justice, the National Judicial Council is  made up of:

1. The next most Senior justice of the Supreme Court who shall be Deputy Chairman (Buhari's acting chief judge, whose wife is also an APC Senatorial candidate). 

2. President of the Court of Appeal, ( whose husband is also an APC senatorial candidate).

3. Five retired justices from the Supreme/Appeal Courts.

4. Chief judge of the Federal High Court.

6. President of the National Industrial Court.

7. A Grand Khadi

8. A President of the Customary Court of Appeal.

9. Five members of the Nigerian Bar Association.

10. Two people who are not legal practitioners, but of very high and unquestionable integrity.

General Buhari by his actions is suggesting that all these people cannot be trusted to make a fair and sound judgment in a matter concerning the Chief Justice. Therefore it is alright for the Executive to take matters into its own hands, violate the constitution and forcibly remove the Chief Justice. It is alright to bring him before the equivalent of a high court judge, who himself, has been accused of taking bribes.

In its "fight against corruption", it is alright for a lower court judge accused of corruption to continue in office and to sit in judgement over the leaders of the other two arms of government. It is also alright for all members of the ruling party, APC, accused of corruption to remain innocent and unprosecuted even when indicted. These shenanigans by General Buhari's Government must stop. They violate our constitution and put our democracy as well as the peace and unity of Nigeria at risk.

There are constitutional provisions for dealing with the Chief Justice if he has committed an offence and the President who swore an oath to uphold the constitution is duty bound to adhere to these provisions. Once to every man and nation comes the moment to decide. In the strive for truth or falsehood, for the good or evil thereof .Nigeria stands today at the crossroads, and we must rise as one to stand for the truth and uproot evil in our land.

In concluding, we cannot help but draw the attention of Nigerians, and indeed the whole world to the fact that beyond the desperate attempt by the APC government led by General Buhari to rig the forthcoming elections, and retain power by force, Cross River as a state and a people has continued to be at the receiving end of the abuse of power by the federal government. First, it was the ceding of Bakassi, which has remained a moral burden for Nigeria as is yet to be ratified by the National Assembly.

Then 76 oil wells belonging to Cross River State where taken and gifted away to a neighbouring state in controversial circumstances. Now it is the Chief Judge that must be sacrificed for political expediency. We thank all Nigerians for rising as one to condemn, challenge and fight for the reversal of this crude display of impunity. We urge you all, especially the minorities of the South/South to stand firm against this crass abuse of power. If General Buhari is intent on ignoring the constitution, then there might as well be no elections. Let him don
 his military jackboots and continue to rule by fiat. But let General Buhari also know that Nigeria has traveled down this road before, and Nigerians will rise up, resist despotism and stop him. 

God bless You all.

God bless and protect the Federal Republic of Nigeria.

Signed:

1. Senator Bassey Ewa Henshaw.

2. Col.Pam Ogar, Rtd.

3. AVM Eko Osim, Rtd.

4 Mr Dominic Kidzu.

5. Hon Bassey Ekefre.

6. Hon Edet Okon Asim.

7. Ntufam (Dr) Joe Edet.
(For All Cross River Nationals Front. An affiliate of Pan Niger Delta Forum).