Only NJC can exercise disciplinary control over CJN – CLASFON

Christian Lawyers’ Fellowship of Nigeria, CLASFON, has condemned
the decision by Code of Conduct Bureau, CCB, to arraign the Chief
Justice of Nigeria, CJN, Justice Walter Onnoghen, claiming it is
unconstitutional and a naked display of powers by the executive arm
of government.

The group, in a statement in Jos yesterday by Arome Okwori and
Olatunji Omole, its National President and National Secretary,
respectively, asked that the charges against the CJN be dropped as
continuing with it amounted to the usurpation of powers of the
National Judicial Council, NJC.

The statement read in part: “We received with dismay the
disturbing news of the decision of the Code of Conduct Bureau, CCB,
an agency of the Federal Government, to arraign before the Code of
Conduct Tribunal, CCT, the Chief Justice of Nigeria, Justice Walter
Onnoghen, for alleged breaches of the Code of Conduct as contained
in the Constitution.

“It is the view of CLASFON that the decision of the executive
arm of government through its agency, CCB, is misconceived,
unconstitutional and a naked display of arbitrary powers.

“Government action undermines the principle of the rule of law
and the doctrine of separation of powers, which are fundamental
principles of the Constitution.

“The provisions of Sections 153 to 161 of the 1999 Constitution,
the Third Schedule to the Constitution, the National Judicial
Policy of April 2016, the Judicial Discipline Regulations of March
9, 2017, the Revised Code of Conduct of Judicial Officers of
February 2016, made by the National Judicial Council pursuant to
its constitutional powers and the decision of the Court of Appeal
in Nganjiwa v. Federal Republic of Nigeria (2017) LPELR-43391 sum
up the extant law on the procedure for dealing with cases of
misconduct by serving judicial officers.

“The Chief Justice of Nigeria as a judicial officer and a member
of the National Judicial Council is amenable to the disciplinary
control of the National Judicial Council. (Paragraph 21(b) and (g)
of the Third Schedule to the 1999 Nigerian Constitution.

“From the foregoing, we consider the NJC as the appropriate
organ to deal with complaints of misconduct brought against the
Chief Justice of Nigeria in the first instance.”