By Jonathan Ugbal: Government House Correspondent
The South-South Governors forum has called on the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to ignore the court summons by the Code of Conduct Bureau (CCB).
The forum made the call shortly after an emergency meeting held at the instance of it’s chairman, Governor Seriake Dickson of Bayelsa State at the State’s Governor’s lodge in Abuja on Sunday.
Mr. Onnoghen who is Nigeria’s topmost judicial officer is scheduled to appear before the Code of Conduct Tribunal today (Monday) after one Dennis Aghanya petitioned the CCB that he had failed to declare his assets among other charges.
And, a communique issued at the end of the meeting which was attended by the Governors of Cross River State, Rivers, Akwa Ibom, and Delta States, resolved that, “the action against Onnoghen constitutes a setback to the gains of the nation’s democratic experience of 20 years.”
The communique read: “We note that under Section 158(1) of the 1999 Constitution, the National Judicial Council, has ample powers to deal exhaustively with matters pertaining to allegations of misconduct and discipline of Judicial officers. Specifically, the NJC has the powers and clear procedures for investigating allegations, and recommending appropriate sanctions or disciplinary measures against judicial officials as a matter of first instance before any further steps.
“The judicial pronouncements in the cases of FGN Vs Justice Sylvester Ngwuta of the Supreme Court (January 9, 2018) and Justice Ngajinwa Vs FGN 2017 at the CCT have given validation to the express provisions of the constitution on this issue.
“We note that the attempt to drag the CJN to the CCT is also a grave and dangerous escalation of the assault on institutions of state including the National Assembly and the judiciary
“We believe that the President, Muhammadu Buhari has a constitutional responsibility and huge moral obligation to defend our democracy.
“Therefore, we consider this step, which is directly aimed at humiliating the nation’s highest judicial officer and a prominent son of the region, as totally unacceptable as it is reflective of the South South story of endless marginalization and intimidation. The unceremonious removal of former Acting Director General of the Department of State Service, Mathew Seiyefa and his replacement is still very fresh.
“We note that the unfortunate action against the CJN further reinforces the perception that the Buhari administration has no regard for the sentiments of Nigerians, in particular the people of Niger Delta, and the rule of law
“It is a fact that this administration has a penchant for flagrant disobedience of and disregard for legitimate and valid court orders.
“We expect President Buhari to know that democracy cannot survive without respect for the constitution, strict adherence to the rule of law, and separation of powers as enshrined in the constitution.
“We strongly believe that the regrettable development at the Supreme Court at this critical time, when preparations for the general elections are wobbling (with serious concern about INEC and security agencies) is capable of causing avoidable anxiety, tension and possible breakdown of law and order in the country.
“We note further that the action undermines confidence not only in the judiciary but also the electoral process that has already commenced, in view of the pivotal role that the judiciary plays in the process of electoral adjudication.
“We affirm President Buhari should know that the continuous assault on critical institutions of state is a defining feature of a dictatorship, and that the President is obliged to live up to his word that he is a born-again democrat, as he assured Nigerians in 2015.
“Based on the foregoing, we hereby call on the President:
1. To condemn without any equivocation, this assault on the CJN and the judiciary especially coming after similar assaults on the National Assembly, to save the country from this embarrassment and global contempt.
2. We call on the CJN to ignore this so-called Court summon from the CCB and the provocative call for his resignation in some quarters.
“While we are not opposed to a genuine fight against corruption, such an action must always be anchored on the rule of law.
“We also decry the massive buildup of arms by APC leaders and members across the Niger Delta with the intent to cause mayhem and a general breakdown of law and order during the elections.”
The CCT had in a statement on Saturday announced that Onnoghen, who hails from Biased in southern Cross River State will be arraigned on Monday – seven days after the petition against him was filed on January 7, 2019.
CrossRiverWatch gathered that the petition was received by the CCB on January 9, 2019 and a case was filed against the CJN on January 11, 2019 with the papers served him that same day to appear in Court by January 14, 2019.
Meanwhile, Premium Times Newspapers had exclusively reported that in his response to the queries raised by the CCB, Mr Onnoghen wrote as follows:
“My asset declaration form numbers SCN 00014 and SCN 00005 were declared on the same day, 14/12/2016 because I forgot to make a declaration of my assets after the expiration of my 2005 declaration in 2009. Following my appointment as acting CJN in November, 2016, the need to declare my assets anew made me to realize the mistake.
“I then did the declaration to cover the period in default. I did not include my standard charted bank account in SCN 000014 because I believed they were not opened.
“I did not make a fresh declaration of asset after my substantive appointment as CJN because I was under the impression that my SCN 000015 was to cover that period of four years which includes my term as CJN,” Mr Onnoghen said in his statement dated January 11.
Mr Onnoghen was first appointed acting CJN on November 10, 2016 following the retirement of the former CJN, Mahmoud Mohammed.
His appointment as acting CJN came amidst criticism of President Muhammadu Buhari’s failure to forward his name to the Senate for confirmation as the most senior judge.
On February 8, 2017 Vice President Yemi Osinbajo returned Mr Onnoghen’s name for confirmation to the Senate on March 1.
Mr Onnoghen was subsequently sworn into office as Nigeria’s 17th CJN on March 7, 2017.
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