PRES. BUHARI v. C.J.N ONNOGHEN: SELF INFLICTED WOUNDS

President Buhari is in hot water over the suspension of the Chief Justice of Nigeria and rightly so. There is a clear demarcation of power here between these two branches of Government. What is also true is that the Chief Justice has broken the sanctity of trust placed in him, not only as the Chief Justice but by the people of Nigeria. No reasonable polity would have him continue in this position with these undisputed allegations.

While nobody is guilty until so proven in the court of law, judges must adhere to higher standard. This could have been handled by the judicial branch of Government without interference from the President, since the Chief Justice refused to step down temporarily. Senate cannot appoint the acting Chief Justice, Buhari would have to initiate and still have to designate the acting Chief Justice anyway. Confirmation process is for the Senate.

We are now left conflating, debating and fighting to distinguish between form and substance. Whatever the case, corruption in the highest places and how to deal with it by due process do frustrate the common man that hardly get the same opportunity for minor infractions.

These steps were certainly mishandled by the Presidency rushing in haste like a dictator. We live in a country where ethnic, political, economic corruption and favoritisms are very strong. It is difficult enough navigating each of these and imprudent to lump all together in the face of the coming election. One factor we can be sure about is that even if each step is handle perfectly, ethnic sentiment from “my people” always plays its role.

If the Presidency had handled the corruption and political aspects very well, ethnic jingoism could have fallen flat on cynics as hypocrisy. One would have expected a few cool heads including Vice President Osinbajo and Prof. Itse Sagay to prevail and advise Buhari’s team to follow reasonable steps. Unless they were hastily overruled by the so called cabals looking for opportunity to assert their power for the coming election.

In that case, they have played into the hands of ethnic supporters like themselves but more important, alienated reasonable people expecting the rule of law to prevail. Regardless of the fact that the National Judicial Council that should have handled the suspension was headed by the Chief Justice. Those that are against corruption, favoritism and ethnic sympathizers have no choice but to speak out when the normal rule of law or administrative process seemed to be hastily bypassed.

Nevertheless, it is undisputed that Chief Justice Onnoghen forgot to disclose millions in properties and savings as charged in Code of Conduct Tribunal.

That he had presided over the same National Judicial Council that stipulated accused judicial officers should step down until their cases have been resolved.

That he postponed NJC meeting indefinitely in his own case and refused to appear before the Code of Conduct Tribunal until Appeal Court rules.
The Ex Parte order from the courts to remove the Chief Justice has been abused in the past resulting in the compulsory retirement of Justice Stanley Nnaji and Justice Wilson Egbo-Egbo for orders removing Chris Ngige as Governor of Anambra State.

Moreover, the Supreme Court had faulted the process Bukola Saraki as Governor of Kwara State, used in the removal of the Chief Judge of his State.

We must also remember how former President Jonathan mishandled the open rift between the Chief Justice of the Supreme Court and the Chief Justice of the Appeal Court in 2011. It was ugly because after the Chief Justice of the Appeal Court was vindicated, he still lost his post anyway. We did not see ethnic sympathy then because many Nigerians were divided but the Yoruba did not champion the side of the Chief Justice Ayo Salami.
When Justice Ademola was exposed with millions of local and foreign currencies in his house well beyond his means, he could not get the support or sympathy of his Yoruba ethnic group. A rogue is a rogue no matter his ethnicity, status and station in life: nobody is above the law. The Judiciary is corrupt like all levels of the society and somebody has to bring them to their senses. You cannot shout and hide behind democracy and the rule of law when caught red-handed, when hungry common folks are lynched for stealing food in the market.

ll these judges throwing cases in favor of the highest bidder cannot withstand the rigor of justice and fairness that must be preserved and upheld even in the countries where democracy is practiced. Yet, Buhari Administration has bungled up a process he could have justifiably used to buttress his fight against corruption. A message that should have been popularly received in most quarters as sincere.

If we are looking at the country our Presidential system is modelled after, we may look at how Chief Judge of Alabama Roy Moore that disobey a lower court order and Florida Judge Alcee Hasting in bribery, were removed for their infractions. But then, this is Nigeria and every case is different

Even in the states, Buhari’s team must not think they can repeat the same victory in this coming election because they won the last time around since they have Osinbajo and Tinubu from the West. They must be reminded; not only of Jonathan’s mistakes but of the unexpected victory of Pa Odetola as the Governor of Lagos State when AD Party thought they had Lagos State in their back pocket already.

It is not too late to rectify this self-inflicted wounds Buhari Government and Chief Justice Onnoghen created on each side. The Chief Justice must be seen above par as a citizen and as a reputable jurist. There should not have been any disagreement between reasonable minds on this particular factor. Nobody should be saved based on his ethnicity or political affiliation. This is the problem we have in Africa as a whole.

Moreover, it could have been decent or “politically correct” to spread recent appointees across the country. The acting Chief of Police was recently announced and now the acting Chief Justice. While Buhari may be solidifying his base to prevent a repeat of the palace coup against him by Babangida in 1985, many Southerners still have their suspicion that he is a religious and ethnic champion.

What most Nigerians agree on is that Buhari is conscientiously against corruption. This may give him an edge but you do not take chances, make unforced errors or create self-inflicted wounds this close to an election that is so important to your interest. The fact that his political alternative is worse may not overcome the zealousness and penchant pursuit of opponents. Buhari may have mellowed, but the team around him are still dogmatic as ever.

Bottom line, if it takes a devil to clean up Nigeria, so be it. Nigeria would bleed to death if vagabonds are allowed to use due process to delay justice each time they are caught red-handed in the cookie jar. All the excuses that if you are corrupt, you can only seek equity with clean hands is in the land of angels. KAI not in Nigeria O!

Farouk Martins Aresa @oomoaresa
Source https://m.thenigerianvoice.com/news/275091/pres-buhari-v-cjn-onnoghen-self-inflicted-wounds.html

This nonsense has certainly turned into something else not the real issue of corruption.

Some people do not care if Nigeria is bled to death by corruption. It will achieve their goal.

I am waiting for the day Nigeria will get this made over the common man and children that corruption has denied basic living standard, food and shelter.

They are mad over what they never get but get mad when their oppressors are denied their daily loot.

The main issue is that we are deliberately being misinformed by the government. And they are doing this wickedly mainly because the judiciary cannot speak up for themselves in the media.

1) We were not told that the millions of dollars being mentioned were the total amount of money that passed through those accounts over the YEARS. However, the government and its cohorts in the media made you and many others think that the whole money was lumped into the said accounts. Wrong.

2) We were not explicitly told that the man had actually filed the initially omitted declaration since 2016 when he became the CJN. That was over 2 years ago. Yet, you and many people are deliberately made to think that the CJN was caught last week hiding his assets. Wrong.


3) We were not told that the rule is that when an official admits to an error in asset declaration (as the CJ did), HE OR SHE SHALL NOT BE TAKEN TO THE TRIBUNAL. What's needed here is to simply update the form with the omitted information. But the government is not doing it, because they are actually not interested in following the law. All they want is to cling to power by all means - even if it means destroying our democracy and setting the country ablaze.


4) We were not told that the CCT was not a regular court and was not set up to try corruption cases. In fact, the government is not telling us that, by its ordination status, CCT is NOT under the judiciary but UNDER THE EXECUTIVE. Can you imagine that? The executive arm using its own agency to unitarily suspend the head of another and totally independent arm of government. Ludicrous!


Finally, this is not the first time. This is exactly the same thing that happened last year when the executive tried to use the DSS to change the leadership of the National Assembly. They sacked the DSS director when the mission failed and there was a huge backlash? But have you heard anything about his prosecution up till date? No. How about those that took the maze from the senate prior to the DSS attack? Any prosecutions? Nope.

That should tell you something about this executive.

jara:

This nonsense has certainly turned into something else not the real issue of corruption.

Some people do not care if Nigeria is bled to death by corruption. It will achieve their goal.

Bump.

Thank you sir for the info.

I wish you could have told us he was innocent or had stepped down after the excess millions he could not account for.

Nope, this is the Chief Justice that presided over the code of conduct that once a judge is accused, he must step down until he is cleared.

So that does not included him!

pchukwudi:
The main issue is that we are deliberately being misinformed by the government. And they are doing this wickedly mainly because the judiciary cannot speak up for themselves in the media.

1) We were not told that the millions of dollars being mentioned were the total amount of money that passed through those accounts over the YEARS. However, the government and its cohorts in the media made you and many others think that the whole money was lumped into the said accounts. Wrong.

2) We were not explicitly told that the man had actually filed the initially omitted declaration since 2016 when he became the CJN. That was over 2 years ago. Yet, you and many people are deliberately made to think that the CJN was caught last week hiding his assets. Wrong.


3) We were not told that the rule is that when an official admits to an error in asset declaration (as the CJ did), HE OR SHE SHALL NOT BE TAKEN TO THE TRIBUNAL. What's needed here is to simply update the form with the omitted information. But the government is not doing it, because they are actually not interested in following the law. All they want is to cling to power by all means - even if it means destroying our democracy and setting the country ablaze.


4) We were not told that the CCT was not a regular court and was not set up to try corruption cases. In fact, the government is not telling us that, by its ordination status, CCT is NOT under the judiciary but UNDER THE EXECUTIVE. Can you imagine that? The executive arm using its own agency to unitarily suspend the head of another and totally independent arm of government. Ludicrous!


Finally, this is not the first time. This is exactly the same thing that happened last year when the executive tried to use the DSS to change the leadership of the National Assembly. They sacked the DSS director when the mission failed and there was a huge backlash? But have you heard anything about his prosecution up till date? No. How about those that took the maze from the senate prior to the DSS attack? Any prosecutions? Nope.

That should tell you something about this executive.

Millions of people are denied their due process on a daily basis, we never seen indignation like this over one man who claimed he forgot to declare his loot. Small time, him go say na him business.

Poor people are waiting in jails because they cannot raise bail, looters have special hotels in jails, if they ever see jail, no protest.

People are homeless, looters have properties all over Nigeria that are vacant. They don't have to worry because the houses are mortgage free from looting.

Haba, Nigerians please fight for the poor nah.

What most Nigerians agree on is that Buhari is conscientiously against corruption. This may give him an edge but you do not take chances, make unforced errors or create self-inflicted wounds this close to an election that is so important to your interest. The fact that his political alternative is worse may not overcome the zealousness and penchant pursuit of opponents. Buhari may have mellowed, but the team around him are still dogmatic as ever.

Bottom line, if it takes a devil to clean up Nigeria, so be it. Nigeria would bleed to death if vagabonds are allowed to use due process to delay justice each time they are caught red-handed in the cookie jar. All the excuses that if you are corrupt, you can only seek equity with clean hands is in the land of angels. KAI not in Nigeria O!

This is pertinent to Nigeria

In china, the CJN would have been executed publicly..

In Japan the CJN would have committed suicide.

In Europe the CJN would have resigned.

In the US the CJN would be facing a congressional hearing, and be facing 20 years jail time.

In south Africa his houses would have been vandalized and set on fire and he would be in protective custody so he is not killed by protesters and rioters.

But in Nigeria, a corrupt man being the head of the judiciary is celebrated and SAN's rally round him to fight for him, while d common man comes on fb to support him, with over 40 houses and over N1billion in his account as a civil servant??

we truly belong to poverty as a nation, we really haven't suffered enough.

...Copied from a friend's page

Are you saying if someone throws up a frivolous accusation against you, you'll resign? And you know fully well the intent of the allegations is to make you resign? Yeye dey smell

jara:
Thank you sir for the info.

I wish you could have told us he was innocent or had stepped down after the excess millions he could not account for.

Nope, this is the Chief Justice that presided over the code of conduct that once a judge is accused, he must step down until he is cleared.

So that does not included him!