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THE CHARGE AND PLANNED ARRAIGNMENT OF THE HON. CHIEF JUSTICE WALTER ONOGHEN BEFORE THE CODE OF CONDUCT TRIBUNAL

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Our attention has been drawn to the trending news that the Hon. Chief Justice of Nigeria, Walter Onoghen has been charged before the Code of Conduct Tribunal, based on a petition submitted to the Code of Conduct Bureau on Wednesday the 9th of January, 2019, and is to be arraigned before the Tribunal on Monday , the 14th January, 2019.

The prosecutorial decision that has been taken by the Executive Branch of Government ( FGN / FRN) is a very grave one. It is unprecedented in the political history of Nigeria. Let us go down memory lane. During the blistering General Murtala Muhammed Military Regime, in 1975, there were massive purges in the Judiciary as well as in the public service. Many public servants were removed “ with immediate effect” . During the purges , a sitting Chief Justice of Nigeria, Hon. Chief Justice Teslim Olawale Elias was removed as the CJN. But he was not subjected to a criminal trial. He later went on to serve as the President of the World Court.

In the life of the Buhari Presidency, the leadership of the National Assembly, the First arm of government , has been subjected to, at least, two criminal trials( Senate Rules forgery case and CCT False Asset Declaration Case). Following those charges and trial is now this charge and planned arraignment of a serving Chief Justice of Nigeria, the head of the Judiciary , the third arm of government.

Being a weighty issue, therefore , one would have imagined that the decision to put the CJN on trial with frenetic speed , following the petition against the CJN, was weighed very carefully.

The general election is 35 days away. The CJN, the Supreme Court and the NJC will play certain statutory roles, post the elections. And even as these events unfold, these judicial authorities are playing some adjudicatory and administrative roles regarding the determination of pre-election matters ( appeals ) arising from contentious party primaries.

The CJN is also the head of the Judiciary. Putting him on trial while he is in office, certainly, will impact the Nigerian Judiciary negatively. The portrayal here inevitably will be that the Nigerian Judiciary is so corrupt that its head is put on trial. This depiction is not fair to many judicial officers whose integrity is solid and who are free of corrupt practices.

The CJN is, in the eye of the law, presumed innocent, until he is proved and found guilty. Being charged at all, however, implicates his right to fair hearing, as many will start arguing that he should step down from office. In other words, once charged and arraigned , the likelihood is that calls will be made for him to vacate office , albeit temporarily, for integrity reasons. If, in the end, he is found not guilty, irreparable damage would have been done to his reputation and the integrity of the Judiciary.

The most important reason why the CJN ought not to have been charged before the CCT, let alone being prepared for arraignment is because the charge is illegal and unconstitutional. In NGANJIWA V. F. R.N, 2018, 4NWLR, Part 1609, Page 301, at page 339, para. G-page 352, para. E, the Court of Appeal ( Lagos Division) held that no serving judge in Nigeria can be investigated or tried in a court of law , without first being removed from the Bench. A petition first must have been written against the judge , and he must have faced an administrative disciplinary process of the NJC for an alleged violation of the Code of Conduct for Judicial Officers, found guilty, recommended, by the NJC,for removal from office , and removed from office by the Executive arm of government. In short , only dismissed judicial officers can be investigated and prosecuted by the anti corruption agencies . That decision is being appealed by the EFCC at the Supreme Court .

The position we took when that decision was handed down was that the judgment had no constitutional basis . Judges, ( unlike the President, Vice President, Governor and Deputy Governor) enjoys no immunity from against investigation , arrest and prosecution, while they are in service. They do not enjoy executive immunity , and are not covered by Section 308 of the Constitution. The Court, therefore, cannot grant to the judiciary an immunity the Constitution does not vest in it. The concept of judicial immunity only covers the exercise of the judicial powers of a judge and his jurisdiction. No civil action or criminal action may be taken against him in respect of his judicial work or decisions , but he is not shielded from criminal culpability if he commits a criminal offence while he is in office .

The NGANJIWA Decision, however, remains the law in Nigeria today. Nigeria is a constitutional democracy under the rule of law. By virtue of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, the judgment is binding on all authorities and persons in Nigeria , including the Executive Branch of Government at the “ Federal “ level , the Office of the Attorney- General of the Federation, the CCB and CCT.

We support the fight against corruption in the public sector and in the Judiciary in particular. But this fight must be done in scrupulous conformity with the rule of law .

In the light of the foregoing , we call on the President of Nigeria to direct that the charges filed against the CJN be withdrawn forthwith for its incompetence, even as the Administration continues to explore other legitimate and constitutional means to continue its fight against corrupt practices in our public life .

The allegations against the CJN may be grave , but justice cannot be served by resorting to patent illegalities.

Jiti Ogunye

12th January, 2019.

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COLUMNISTS

Saraki and the Tragedy of Victory

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www.securenigeria365.com

By Jude Ndukwe

Since the National Assembly elections ended in Kwara on March 9, and the current Senate President, Dr Bukola Saraki, lost at the polls, those who have lived in mortal fear of one of Nigeria’s finest Senate Presidents ever in history, have not relented in their infantile attacks against a man, who against all odds, wrestled official tyranny to the ground and eventually became one through whom God has preserved what is now our fragile democracy from being turned into a full blown dictatorship.

They have unleashed all manner of media attacks against the one popularly called “Oloye” by his fans, using pliable men who are obviously satisfied with being slaves, even though they are and should be living as freeborn, as long as crumbs fall for them from their slave master’s table.

To prove that Saraki was nothing but only a victim of his own rightful ambition, those who are bitterly persecuting him today under one concocted anti-corruption guise or the other, are merely doing so because they could not stand the audacity of his ambition to be Senate President against the overbearing wishes of the “Bullion Van Hawker of Bourdillon” and his coconspirators in the seat of power.

O, they wailed, they wept, they convulsed in extreme anger and could not believe that Saraki, (who used to be) a member of their party, who also had the legitimate right to be SP, beat them to the game as a master and battle-hardened politician that he is.

From then on, they marked him for destruction but he conquered them all to their dismay. Every trap set against him was neutralised with his soft speaking nature and deft political moves. He navigated their mines expertly, handling the affairs of the National Assembly with so much class that no weapon fashioned against him in the last four years thereabout prospered.

Despite being distracted with spurious court cases, phantom corruption allegations, none of which could be proven in court till tomorrow, official harassment, intimidation and desecration extending to the national assembly as an institution just to weaken and humiliate him, Saraki still kept the senate together, and will be stepping down in great glory as the “Senate President no one could remove”.

No matter what anybody says, the fact remains that Saraki will be leaving the senate as Senate President on his own terms.

The ignominy which his traducers tried their best to rub him in did not work. He was one Senate President who walked through the valleys of the shadow of death and feared no evil, for, indeed, God was and is obviously still with him.

He was professional in his approach to duty that not even for once did he allow his persecution by the executive negatively affect his sense of patriotism in the discharge of his duties.

When passage of budgets has been delayed, it was because the executive either padded the budget with mind boggling figures or that the ministries and MDAs were nowhere to be found to defend their estimates. Because they have a leader who is either bereft of ideas of how the legislature works or he still sees himself as a military dictator who must not be subjected to another institution as president, they expect the national assembly to just pass the budget “as is”. Saraki frustrated their plans to turn the national assembly to just another appendage of the executive arm, or, into a mere rubber stamp.

The Senate under him have enacted laws and passed Bills that have far reaching positive effects on our polity.

Saraki might not have won his last election, he is a victor anyway. No man passes through what Saraki was subjected to by members of the executive, survives and still see himself as a loser!

Sadly, the real losers are those who won elections in Kwara at Saraki’s expense but lost their soul and beholden to tyranny in the process.

With the incessant killings, rise in terrorism, hardship, continued displacement of communities by criminal bands, extra judicial killings by security forces, perpetually rising inflation, job losses in millions, Nigeria becoming the poverty capital of the world etc, to the extent that even the wife of the president had to, in order to exonerate her husband from the mess our nation has become under Buhari, confess that it was no longer her husband that was in charge but about three others, these hack writers see nothing in any of the nation’s misfortunes to address but their headache is a Saraki they love to hate because he beat them to their own game and that of their masters to become the Senate President.

This is where victory is tragic, for those who celebrate the ephemeral triumph of gross incompetence, ineptitude and the embarrassment our nation has become since 2015, by chasing shadows and leaving substance behind just because, to them, the country may collapse as long as they keep getting peanuts for attacking Saraki, it is most unfortunate and the misfortunes of a degraded nation is their lot!

As for Saraki, he has fought the good fight of faith. Yes, faith, because faith demands that we must stand up to tyranny even if just to prick the conscience of the tyrant and constantly remind him and his foot soldiers that all faiths abhor the vindictive imprisonment of citizens for their political and or religious beliefs as we currently have today. He can go home with pride knowing full well that when our nation was at its lowest ebb, post civil war era, he stood up to be counted among the few who used their status and political office to engage tyranny and dictatorship in a head on collision and left the senate unscathed. He is, by all standards, a fulfilled man, a winner!

jrndukwe@yahoo.co.uk; @stjudendukwe

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COLUMNISTS

Spectrum: Tragedy of too many lives

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By Anikulapo Macmillan

Sometime, death comes like a puritanical to us when we hear the news of our beloved passage. It is painful to lose family in a bizarre. And it is a bad feeling when the shock of such an untimely death comes to us as misfortune. So, an English poet, Robert Frost, wrote vividly in his poetry: ‘’ and be one traveller/ long I stood/and looked down one as far as I could/ to where it bent in the undergrowth’’
It was an event of grief when the world mourned the ill-fated airplane victims in Ethiopia. I was perplexed about the lives of those victims. And it was later in the evening a friend dropped; what I called a parcel of sadden news on my Whatapp. When I saw what he wrote; I was devastated. It was like a joke not until I saw the news spreading like a fume on twitter. That one of our columnist cum essayist had gone too soon.
Indeed the tragic news was the Ethiopian Airlines Boeing 737 Max 8 crashed six minute after take-off from Addis Ababa to Nairobi, killing all aboard, who were 157 people and Prof. Pius Adesanmi was visited by death. It is saddened to the world that we don’t pay attention to death than to giving priorities to imperfectness because this particular Boeing 737 Max 8 has once crashed six month ago.
So, unfortunate, that we lost two Nigerians, we lost two Irokos; one as an academia and the other one as a diplomat. I met Prof Adesanmi at the AKE Art Book Festival in 2015. His intelligence was overwhelming. He spoke with too much tenacity. Since then I have been following his writing and wanting to read his collection of essays title: Naija no dey carry last.
Well, death has made March to become significant. It has made the month to become a symphony to T.S Eliot’s poem, the wasteland. That March is now the cruellest month, breeding death out of land like what happened in Christchurch, New Zealand when unknown gunman killed 50 Muslims in their mosques.
When I heard this particular news on Friday and I saw the footage, I thought, it was scripted like grand theft auto game. Hence, I didn’t believe at first; and later I began to see trending news on twitter. This shows that our world is molested by racial people. Those who believe that killing is the best way to live a good life are mistakenly wrong. They have forgotten that it is not humanity.
However, let me say, that any kind of incessant killings like this or the one that happens in Kaduna over the weekend needs to be addressed not only by the government but by the whole world.
It is pertinent; that by now, the perpetrators of the New Zealand massacre have not been arrested. Are we saying no CCTV cameras in those mosques? Are they not human beings or do they come with a mask? Thank God for the Nigerian Iman, Lateef Alabi who made us to believe that the news was indeed truth.
Therefore, it is probably a theory of ignorance, when the police by now can’t identify the culprits. Yet, the world is still not finding ways to stop all kind of carnage; that is also an albatross to security policies. Well, this is not the fight of New Zealand alone because those who were killed have families. And the trauma could cause fratricidal or matricidal.
Maybe what an Italian philosopher, Antonio Gramsci said: ‘’ to tell the truth is revolutionary’’ which means, the United Nation needs to watch out for killings like this. It is awful. That people life does not mean anything anymore.
Well, in this same part of the world, it is still disparagingly wrong, that after our general election, what we should have next is what I called: blood relative in my poetry. Kaduna has become a death trap in our society. It has become a place where we mourn of envy and religion catastrophe.
Death even came like tidal wave with a tremulous wailing from residents and onlookers when a building collapsed in, Ita Faji area of Lagos Island. School pupils are mostly victims of the collapsed building. While some die, and few that survived where at the state hospital. Hence, it is so painstaking that the Lagos government and the ministry of housing are ignorantly not performing their functions. This was horrific event as many dead bodies were recovered.
So, the federal government needs to understand that causalities like this are not expected to happen in a society like Lagos. However, those pupils now have trauma of such a malign that bestow them. And the Lagos state government responsibility is to start a policy on building because the lives of those who reside in those buildings are part of the electorate.
In this vein, such a death replenished the atmosphere in the eastern Zimbabwe, killing at least 24 people. When I saw this news, I began to wonder why these tragedies come in March. Is it that the affected nations do not control their societal values? Meanwhile, the case of cyclone, In Zimbabwe and Mozambique, is that the two countries have not properly fund their weather science appropriately.
Perhaps, death that comes in March is a tragedy to humanity. It is also a worry to country like ours that we don’t know how to control our citizens and their heritage. Because I know, if our airlines are good enough, Prof. Adesanmi would have flown ours or if our country is good enough, Iman. Lateef Alabi would have stayed back than to face the gossamer of death in New Zealand.
We need to bring the country we want together and to make conversation because it is paramount to have a good system than to have death toil every month when citizens die like prey. Apparently, I think it is time we needed to provide security for our individualism— not to witness scourge.
A nation that refuses to understand the people’s welfare is already in precipice and it is a disgrace for Nigeria to fail even though her politicians are into the epiphany of misconception and all sort of imperial modulation. Still like theme of Jack London’s short story, ‘’to build a fire’’. We need not to build a fire but we need to build a monument for our country.

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COLUMNISTS

Spectrum: Tragedy of too many lives

Published

on

 

Anikulapo Macmillan

Sometime, death comes like a puritanical to us when we hear the news of our beloved passage. It is painful to lose family in a bizarre. And it is a bad feeling when the shock of such an untimely death comes to us as misfortune.  So, an English poet, Robert Frost, wrote vividly in his poetry: ‘’ and be one traveller/ long I stood/and looked down one as far as I could/ to where it bent in the undergrowth’’

It was an event of grief when the world mourned the ill-fated airplane victims in Ethiopia. I was perplexed about the lives of those victims. And it was later in the evening a friend dropped; what I called a parcel of sadden news on my Whatapp. When I saw what he wrote; I was devastated. It was like a joke not until I saw the news spreading like a fume on twitter. That one of our columnist cum essayist had gone too soon.

Indeed the tragic news was the Ethiopian Airlines Boeing 737 Max 8 crashed six minute after take-off from Addis Ababa to Nairobi, killing all aboard, who were 157 people and Prof. Pius Adesanmi was visited by death. It is saddened to the world that we don’t pay attention to death than to giving priorities to imperfectness because this particular Boeing 737 Max 8 has once crashed six month ago.

So, unfortunate, that we lost two Nigerians, we lost two Irokos; one as an academia and the other one as a diplomat. I met Prof Adesanmi at the AKE Art Book Festival in 2015. His intelligence was overwhelming. He spoke with too much tenacity. Since then I have been following his writing and wanting to read his collection of essays title: Naija no dey carry last.

Well, death has made March to become significant. It has made the month to become a symphony to T.S Eliot’s poem, the wasteland. That March is now the cruellest month, breeding death out of land like what happened in Christchurch, New Zealand when unknown gunman killed 50 Muslims in their mosques.

When I heard this particular news on Friday and I saw the footage, I thought, it was scripted like grand theft auto game. Hence, I didn’t believe at first; and later I began to see trending news on twitter. This shows that our world is molested by racial people. Those who believe that killing is the best way to live a good life are mistakenly wrong. They have forgotten that it is not humanity.

However, let me say, that any kind of incessant killings like this or the one that happens in Kaduna over the weekend needs to be addressed not only by the government but by the whole world.

It is pertinent; that by now, the perpetrators of the New Zealand massacre have not been arrested. Are we saying no CCTV cameras in those mosques?  Are they not human beings or do they come with a mask?  Thank God for the Nigerian Iman, Lateef Alabi who made us to believe that the news was indeed truth.

Therefore, it is probably a theory of ignorance, when the police by now can’t identify the culprits. Yet, the world is still not finding ways to stop all kind of carnage; that is also an albatross to security policies. Well, this is not the fight of New Zealand alone because those who were killed have families. And the trauma could cause fratricidal or matricidal.

Maybe what an Italian philosopher, Antonio Gramsci said: ‘’ to tell the truth is revolutionary’’ which means, the United Nation needs to watch out for killings like this. It is awful. That people life does not mean anything anymore.

Well, in this same part of the world, it is still disparagingly wrong, that after our general election, what we should have next is what I called: blood relative in my poetry. Kaduna has become a death trap in our society. It has become a place where we mourn of envy and religion catastrophe.

Death even came like tidal wave with a tremulous wailing from residents and onlookers when a building collapsed in, Ita Faji area of Lagos Island. School pupils are mostly victims of the collapsed building. While some die, and few that survived where at the state hospital. Hence, it is so painstaking that the Lagos government and the ministry of housing are ignorantly not performing their functions. This was horrific event as many dead bodies were recovered.

So, the federal government needs to understand that causalities like this are not expected to happen in a society like Lagos. However, those pupils now have trauma of such a malign that bestow them. And the Lagos state government responsibility is to start a policy on building because the lives of those who reside in those buildings are part of the electorate.

In this vein, such a death replenished the atmosphere in the eastern Zimbabwe, killing at least 24 people. When I saw this news, I began to wonder why these tragedies come in March. Is it that the affected nations do not control their societal values? Meanwhile, the case of cyclone, In Zimbabwe and Mozambique, is that the two countries have not properly fund their weather science appropriately.

Perhaps, death that comes in March is a tragedy to humanity. It is also a worry to country like ours that we don’t know how to control our citizens and their heritage. Because I know, if our airlines are good enough, Prof. Adesanmi would have flown ours or if our country is good enough, Iman. Lateef Alabi would have stayed back than to face the gossamer of death in New Zealand.

We need to bring the country we want together and to make conversation because it is paramount to have a good system than to have death toil every month when citizens die like prey. Apparently, I think it is time we needed to provide security for our individualism— not to witness scourge.

A nation that refuses to understand the people’s welfare is already in precipice and it is a disgrace for Nigeria to fail even though her politicians are into the epiphany of misconception and all sort of imperial modulation. Still like theme of Jack London’s short story, ‘’to build a fire’’. We need not to build a fire but we need to build a monument for our country.

 

@Babatunde_Mac

+2348076926109 or +2348090917041

 

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