CJN Onnoghen: Follow due process, Falana cautions FG

Human rights activist and Senior Advocate of Nigeria (SAN), Femi
Falana on Tuesday called on relevant authorities to follow due
process in charging the Chief Justice of Nigeria Walter Onoghen
before the Code of Conduct Tribunal.

Falana who spoke at the 15th Gani Fawehinmi annual lecture in
Lagos noted that dangerous precedence is being set with the way the
matter has been handled.

“Normal procedures have not been followed. There is a need to go
through the proper channel. The rule of law should be followed when
it comes to issues of dealing with the judiciary. What is the locus
standi of the National Judicial Commission on the issue of the
CJN?” Falana queried.

The senior lawyer also warned senior lawyers who collect
‘briefs’ during election petition tribunals.

“I have never met an aggrieved candidate who can boldly dip his
hands into his pockets and bring out N250 million as charged as
legal fees from Senior Advocates.

“These monies are usually state funds. Our lawyers now become
culpable when these monies are traced to their accounts.

“Some of our senior lawyers are mercenaries. They only appear in
court to ‘reach out’ to judges,” Falana noted.

Also speaking at the event, Prof. Akin Oyebode, a professor of
International Law and Jurisprudence charged the Independent
National Electoral Commission (INEC), electoral body to exercise
discretion in its implementation of electoral guidelines.

Oyebode, while giving the keynote address said: “Undoubtedly,
INEC is empowered to issue necessary and proper guidelines to
facilitate its activities.

“However, INEC’s power should be exercised with discretion in
order not to bring the roof down on everyone.

“For example, the registration of 91 political parties however
well-intentioned, is today reminiscent of a case of the medicine
being worse than the disease.

“INEC is well advised to remember the dictum that the road to
hell is paved with good intentions and, therefore, in the
application of laws, it should not wreak greater injury on the
polity.”

The Professor said that the electoral umpire should cease and
desist from the anticipatory implementation of electoral laws.

“For example, while the use of smart card readers or electronic
transmission of election results might appear justifiable on
account of their enhancement of the electoral process, it is
untenable to do so without effective legislation thereto,” he
said.

Also speaking, Justice Adewale Abiru, a Justice of the Court of
Appeal and the Chairman of the Lecture citing Fawehinmi as an
example, urged young lawyers to imbibe exemplary courtroom and
legal practice conduct of senior colleagues.

“I wanted to chair this lecture so that I can share the virtues
I learnt from Chief Gani Fawehinmi.

“He taught me that in order to have a successful practice, you
had to invest in your practice, he had one of the best law
libraries in the country and he was also a very courteous
person.

“I did not work in his chambers but this was what I learnt from
going to court to listen to and watch Gani Fawehinmi.

“I hope young lawyers today will imbibe this if there is a
senior you will like to replicate, go to court and watch them. Gani
Fawehinmi was my light in my darkness of legal practice and I thank
him today,” Justice Abiru said.

Earlier, in his address of welcome, Monday Ubani, the Chairman
of the Gani Fawehinmi Annual Lecture Planning Committee emphasized
the role of the late human rights activist and SAN played in the
development of politics in Nigeria

“You and I are aware of the role played by Late Gani Fawehinmi
in the development of our political space especially when the
Independent National Electoral Commission (INEC) refused to
register some political parties in Nigeria.

“He pursued that matter in the judiciary to a logical conclusion
and got a reprieve that opened the space for other parties.

“For that singular act, most of these ‘Not Too Young To Run’
have found homes on some of them to emerge as presidential
candidates,” he said.

Again Ex-Accountant General, Otunla Absent in
Court

Justice Nnamdi Dimgba of a Federal High Court, Abuja, has again
adjourned the trial of a former Accountant-General of the
Federation, Jonah Otunla, to February 7, 2019. The adjournment is
consequent upon the absence of the defendant in court. The Court
however stressed that if he is again absent at the next adjourned
date, the Court will be compelled to hear the application of the
prosecution seeking for a warrant for his arrest.

Otunla is being prosecuted by the Economic and Financial Crimes
Commission, EFCC, on a five-count charge of money laundering
involving the diversion of about N2 billion from the account of the
Office of the National Security Adviser, ONSA.

He was to be arraigned on December 7, 2017 along with Ade
Adelakun, and seven other companies – Gold Reef Industries Limited,
Lambster Nigeria Limited, G.C. Electronic Limited, Sinmilak Nigeria
Limited, Wehsac Farms Limited, Shepherded Field Global Resources
Limited and Stellavera Development Company Limited, but his absence
stalled his arraignment.

The case was rescheduled to January 22, 2018, but yet again he
was absent in court, and though his counsel, Ahmed Raji, SAN,
represented him, his absence stalled his trial, as Adelakun who was
present in court, could not take his plea. Raji had told the Court
that his client was away “for medical treatment abroad”.

One of the counts reads: “That you, Jonah Ogunniyi Otunla being
the former Accountant General of the Federation and a Director and
signatory to the ECOBANK account of WEHSAC FARM LTD, Otunba Ade
Adelakun, being the Managing Director/Chief Executive officer and a
signatory to the accounts of Goldreef Industries Nigeria Limited,
Fidelity Bank, Lambster Nigeria Limited- Zenith Bank, G.C
Electronics Ltd – GTB and Sinmilak Nigeria Limited- Fidelity
Account, Col. Bello Fadile (now at large) being the former
Director, Special Duties in the office of the National Security
Adviser (ONSA) and also a Director and signatory to the accounts of
Helpline Organisation, sometime between June and August 2013, in
Abuja within the jurisdiction of this Honourable Court directly
converted the sum of N2,000,000,000 (Two Billion Naira) only
transferred to the accounts of Goldreef Industries Limited-Fidelity
Bank (N550 million), Lambster Nigeria Limited- Zenith Bank (N650
million), G.C Electronics Limited – GTB (N450 million) and Sinmilak
Nigeria Limited- Fidelity Account (N350 million) from the account
of the Office of the National Security Adviser with the Central
Bank of Nigeria purporting to be for the supply of security
equipments when you reasonably ought to have known that the said
fund formed part of the proceeds of an unlawful activity of Col.
Mohammed Sambo Dasuki (retd), the then National Security Adviser
(to wit: criminal breach of trust and corruption) and you thereby
committed an offence contrary to Section 15 (2)(b) of the Money
Laundering (Prohibition) Act, 2011 as amended in 2012 and
punishable under Section 15 (3) and (4) of the same Act”.

His absence also stalled his expected arraignment on April 30,
2018 prompting the prosecution led by Francis Jirbo, to file an ex
parte motion seeking for the issuance of a warrant of arrest
against Otunla.

Jirbo had argued that: “The first defendant (Otunla), having
jumped administrative bail has failed severally to appear before
the court. I hereby apply for a warrant of arrest to produce the
defendant and to be properly charged by this Honorable Court”.

Jirbo had also told the Court that the oath of warrant of
arrest, filed on March 1, 2018 was brought pursuant to Section 37
of the Administration of Criminal Justice Act, 2015. It disclosed
that “Otunla and Adelakun were investigated by the EFCC and had
responded by making statements in writing, while their accomplice,
Fadile, bolted out of the country and is currently said to be
living in the United Kingdom as a fugitive”.

At the resumed sitting, on January 15, 2019 again Otunla was
absent in Court, but a new twist was brought to the trial as the
Court was informed that Adelakun was dead.

However, the Court ordered the defendant to produce a death
certificate as evidence before the Court “or an affidavit of death
to be filed to authenticate the death”.

Tony Orilade
Ag. Head, Media & Publicity