Onnoghen’s travail shows Judiciary is not independent, says Awomolo SAN

Lawyer to the suspended Chief Justice of Nigeria (CJN), Justice
Walter Onnoghen, Adegboyega Awomolo has said the ease with which
the Executive arm of government has treated the nation’s number one
jurist with indignity shows that the Judiciary is weak, vulnerable
and dependent.

Awomolo, who expressed discomfort that most influential judicial
bodies and associations have kept mute while the head of the
Judiciary was being oppressed, accused some elements in the
Judiciary of working against the system.

In a statement issued on Monday, Awomolo, who leads Onnghen’s
defence team in his trial at the Code of Conduct Tribunal (CCT),
wondered why the courts treat political cases with dispatch but are
reluctant to decide the appeals filed by the suspended CJN, in
which the Court of Appeal in Abuja has reserved judgment for the
past six weeks.

Awomolo said: “the case has clearly shown that Nigerian
Judiciary is very weak, vulnerable and not independent. The
security of tenure of a judicial officer is a mere wishful
thinking. It is unthinkable that the head of the Judiciary will be
treated the way Onnoghen was treated and not a whimper came from
the body of men and women of highest distinction in the legal
profession.

“Is it not dangerous that the President can appoint a Chief
Justice without the recommendation of the National Judicial Council
(NJC)? Whereas political matters and election matters were treated
with dispatch, and judgment delivered within hours, the appeal of
the Chief Justice of Nigeria, six weeks after argument was ordered
to be kept away in the file.

“There is no association of Nigerian Judges to speak a word. Let
no public officers or judicial officer at any level, throw stones
because if not all, most are guilty as Onnoghen. Nobody knows who
is next, a precedent has been laid. The honourable Attorney-General
of the Federation seems pleased.

“Men, who sit in judgement over fellow human beings are
representative of God on the earth and everyone shall face the
almighty God, on the last day, to give account of his stewardship.
On that day all secrets shall be laid bare.

“The Bar association has, by reason of personal leadership
ambition, rendered ineffective, divided and weak. It is unable to
speak boldly to secure the independence of the Judiciary. Elders of
the Bar and men of good will should rise from their deep sleep.

“People, who must sit in judgment over others, must be men and
women of character, learning and maturity. The mental status and
background of such judges must be certified approved,”

Awomolo said the experience of Onnghen’s trial has brought to
the fore the urgent need for institutional reforms to ensure that
agencies like the Code of Conduct Tribunal (CCT) was made
independent.

He said: “the framers of the Constitution of the Federal
Republic of Nigeria, 1999 (as mended) omitted to give sufficient
attention to the need for the Code of Conduct Tribunal, to secure
its independence, impartiality and non-interference from outside
the court.

“A situation where the Executive arm of the Federal Government
is the custodian of the Code of Conduct for public officers, the
enforcer of the Code of Conduct through the tribunal. It is the
appointing authority of the members of the tribunal.

“In the proceedings in the tribunal, the Executive is the
accuser, the Investigator, prosecutor, the witness and the judge,
all roll together into one. This is unacceptable under the
Constitution that guarantees independence of the three arms of
Government.

“There is urgent need for constitutional reform. The Code of
Conduct Tribunal must have courts established in each of the six
geopolitical zones of the Federal Republic of Nigeria. Monopoly has
the ability to breed corruption, arrogance, disregard for the due
process and partiality.

“The Code of Conduct Tribunal should be a full member or part of
the Judiciary under Section 6 of the Constitution of the Federal
Republic of Nigeria, 1999 (as amended). “

Awomolo praised Onnoghen’s courage and his calm disposition all
through his current travails, which he said, portrays him “as a man
of truth with a strong faith in due process and rule of law and the
ultimate justice.”

He said; “The trial of the Honourable, the Chief Justice of
Nigeria, Han. Justice Walter Samuel Nkanu Onnoghen, which opened at
the Code of Conduct Tribunal, today, comes to a close. Whatever may
be the judgment of the tribunal shall soon pass and becomes part of
our history. So much lessons have been learnt in the nine
appearances I had at the tribunal.

“This case is, in my view, one of a landmark and one that
defines our moment as a country in our forward match in a
constitutional democracy. I see Hon. Justice Onnoghen as the hero
of the whole episode.

“From the moment the case was filed on 11th January, 2019 to the
14′” day of January when he was formerly arraigned and as strange
events happened at the tribunal.

“He remained composed notwithstanding the lies, propaganda and
social media conviction that attracted so much scandal, threat,
serious health afflictions, humiliation and unthinkable events of
our time.

“He maintained his judicial compartment, showing himself as a
man of truth with a strong faith in due process and rule of law and
the ultimate justice. He displayed exemplary Christ-like
character.

“The word of God to him is contained in the Book of Isaiah
chapter 30 18-22. So it shall be in the name of Justice.

“The real and strong determination of our leaders to fight
endemic corruption in our country must be commended and supported.
I share the view that corruption is evil, destructive, stunts
societal and human growth and diminishes the core value of the
people.

“The Code of Conduct Bureau and Tribunal is one of the most
effective and strategic institution capable of reducing corruption
and abuse of office. In the rank and file of public service. There
is urgent need for reform of the institutions.

“Corruption cannot be fought successfully with corrupt
institutions and corrupt procedure. It is injustice to inflict
corrupt procedure on innocent public officers. God will not allow
corruption to consume our nation.

“The end should not justify the means, but the means should
justify the end. The practice of propaganda lies and media trial
will encourage injustice. Truth will exalt our nation, but
propaganda and lies will enthrone injustice.

“Lies and injustice is a reproach. Let justice be done even if
heaven will fall and let the rule of law be the only means to
justify the end,” Awomolo said.