Politics

ABSURD. SHAMBOLIC. – TRIAL AND JUDGEMENT OF CODE OF CONDUCT TRIBUNAL IN FRN V. ONNOGHEN PLUMB THE DEPTHS OF TRAVESTY

Published

6 years ago

April 19, 2019

Access to Justice Public Statement
Date: 18 April 2019

Today, April 18, 2019, the Code of Conduct Tribunal in a judgment delivered by its chairman, Mr. Danladi Umar convicted Justice Walter Onnoghen on a six-count charge of false declaration of assets. The charges were filed on January 10th 2019 by the Federal Government of Nigeria following a petition to the Code of Conduct Bureau on January 9th 2019 by an organization (the Anti-Corruption and Research Based Data Initiative). Following its verdict, the Tribunal ordered Justice Onnoghen’s removal from judicial office as Chief Justice of Nigeria, as well as the seizure and forfeiture of the monies in his accounts. It also barred him from holding public office for ten years. The Code of Conduct Tribunal is a quasi-criminal court saddled with the responsibility of handling complaints of non-compliance with the Code of Conduct for Public Officers. The primary objective of the Code of Conduct Tribunal, as provided under its Enabling Act is to establish and maintain a high standard of morality in the conduct of their official functions by public officials.
Access to Justice (A2Justice) takes no position on whether Justice Walter Onnoghen committed the infractions with which he was charged or indeed is guilty of offences related to them. A2Justice abides by the rule of law principle that all persons are equal before the law and that no person should be above the law. However, a cardinal rule of law requirement is that courts and tribunals which exercise judicial powers should be independent of other arms of government and appear, in the perception of reasonable observers, to be so independent. Unfortunately, the Code of Conduct Tribunal did not offer this guarantee of independence, neither its perception. Far from it. The Tribunal had, from the word go, drawn the handwriting on the wall indicating that it was bent on a particular outcome, and that it would look neither to the left nor to the right in the blind pursuit of that goal. At several pivotal junctures in the course of the trial, the Tribunal appeared to demonstrate that it was clearly on the same side with the government, and was not sitting as an unbiased umpire or judicial arbiter.
Nowhere was this more evident as when Danladi Umar and another member of the Tribunal granted, speaking figuratively, under cover of darkness on January 23rd 2019, an ex-parte Order removing Justice Walter Onnoghen as Chief Justice of Nigeria. The bizarre and egregious procedure taken to unseat Justice Onnoghen was an unmistakable indication that no barrel was too deep to plumb in getting to achieve what the Tribunal wanted to achieve, and no rule or principle of law was strong or revered enough to forestall its plan. It will not surprise many that the Code of Conduct Tribunal reached the verdict it did after using very questionable procedures from the very start.
It would be a serious fallacy to characterize the Tribunal’s verdict as one reached after a due process trial using even the lowest possible denominators of what a fair trial represents. The procedures adopted by the Tribunal in the case were far too faulty and flawed to be regarded as a judicial process. To reasonable observers, it would appear that the Tribunal’s procedure and speed were deliberately contorted to enable it reach its pre-determined outcomes, and its verdict was simply a reflection and product of the shambolic trial.
Undoubtedly, Justice Onnoghen’s trial before the Code of Conduct Tribunal was, in every way, grossly and grievously unfair, and no fair-minded court or tribunal could have descended to the depths the Code of Conduct Tribunal delved in trying to convict Walter Onnoghen on the charges against him in order to remove him from office. The Tribunal was so desperate to convict Justice Onnoghen that it had to overturn or side-step its previous judgments on similar matters, decisions such as those given in a prior case involving another Justice of the Supreme Court. A cardinal principle of our Common Law system is that similar cases are decided alike in other to prevent arbitrariness and caprice in the adjudication of cases.
This is not a way to fight corruption. There is no positive, but rather, there are plenty negatives to this flawed judgment. This judgment merely shows how much is still lacking in Nigeria’s courts and tribunals and how distanced they truly are from being independent vehicles of justice. Unfortunately, the Code of Conduct Tribunal has been headed for a long time by a person who himself has been the subject of corruption allegations, and that, in itself, is a major weakness.
It is clearly feasible to argue, at least theoretically, that all an executive government needs to do to get the Code of Conduct Tribunal groveling to its side is to raise the spectre of pursuing a corruption trial against its Chairman, Danladi Umar. That is just how vulnerable the leadership of the Code of Conduct Tribunal is. There needs to be a change in the chairmanship of the Tribunal if it is to inspire public confidence in itself. More than changing its leadership, constitutional reforms must make the CCT a more independent institution. As Danladi Umar himself said in his judgment today, “…CCT also is not under the supervision of the National Judicial Council but the Presidency…’’. A Tribunal under the Presidency cannot be independent of the Presidency, which is a political institution.
Ultimately, the trial and judgment of the CCT will disparage Nigeria’s system of justice in the eyes of the international community. More than that however, they show that, despite elaborate constitutional arrangements to guarantee an independent Judiciary, as well as constitutional rights to a fair trial, the judicial process is still weak and leaking through many crevices leaving many citizens defenceless and exposed as a result. We see this situation in the Code of Conduct Tribunal. No democracy can flourish under such conditions.

For Access to Justice
Joseph OttehDaniel Aloaye
Executive DirectorProgramme Officer

Politics

Go out and vote, it’s your right – Ogun APC charges electorate

Published

2 days ago

November 14, 2024

Sahara Weekly

Go out and vote, it’s your right – Ogun APC charges electorate

As the party campaigns for the 2024 Local Government election in Ogun State draws to a close midnight of today (Thursday), the All Progressives Congress, APC, has charged registered voters in Ogun State to go out and exercise their fundamentals rights on Saturday “without any fear whatsoever”.

Addressing the grand finale of APC in Odogbolu Local Government, the Publicity Secretary of the party in Ogun State, Tunde Oladunjoye said, “APC has done very well under the administration of Prince Dapo Abiodun, and we are poised to win the chairmanship and councilorship elections overwhelmingly come Saturday”.

Oladunjoye, who is also Senior Media Consultant to Governor Dapo Abiodun on Media, thanked the Odogbolu people for showing massive support to the APC in the local government.

“With what I have seen here, victory is sure. I want to thank you on behalf of the Governor of Ogun State, Prince Dapo Abiodun, CON and the Chairman of APC in Ogun State, Chief Yemi Sanusi. “Come out and vote peacefully on Saturday. It is your constitutional duty and obligation.”

Oladunjoye added that people should learn from the chairmanship candidate of the party in Odogbolu local government, Dr. Babatunde Oyetola Diya, who vied for the office about three and half years ago and did not get it, but remained faithful in the party and continued to reach out to people with his humanitarian efforts.”

Politics

Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration

Published

2 days ago

November 14, 2024

Sahara Weekly

Anthony Ojo congratulates Gov Okpebholo, confirms Edo Central Senate aspiration

Influential Edo State politician, Anthony Ojo has congratulated Senator Monday Okpebholo after being sworn-in as the new Governor of the State.

In his congratulatory message, Ojo expressed confidence in the abilities of Gov Okpebholo to bring the dividends of democracy close to the people of Edo State.

“The people of Edo State have total trust in your five-point agenda, capacity as a leader, and this is evident with their immense show of love. We have no single doubt that under you, this state will progress to the promised land,” the statement reads.

Meanwhile, Anthony Ojo has confirmed his aspiration to contest the Edo Central senatorial seat under the flagship of the All Progressives Congress (APC), a position previously held by Senator Okpebholo before he was elected governor.

He cited that sharing the same leadership ideologies with Governor Okpebholo, and the keen desire for transformative human and capacity developments in Edo State are the reasons behind his ambition.

He promised to work closely with the Governor to provide succour to Edo citizens.

Politics

Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

Published

2 days ago

November 13, 2024

Sahara Weekly

Appeal Court Further Affirms Udeze-led NEC Of Action Alliance As Valid, Authentic

ABUJA – The Appeal Court sitting in Abuja has further affirmed Chief Barr. Kenneth Udeze-led National Executive Committee (NEC) of Action Alliance (AA) elected on 14th March 2021 National Convention of the party as valid and authentic.

Action Alliance, in a statement by its National Secretary, Vernimbe A James said, “the court of appeal Abuja Division today in Appeal Number; CA/ABJ/CV/1163/2024 in a lead Judgement delivered by Hon.Justics Abba Mohammed which was concord by the other two Justices dismissed the appeal filed by Adekunle Omoaje faction through one Miller C.Orgwu ( on behalf of himself and all NEC Members Elected at Action Alliance Elective National Convention of 7th of October,2023, held at OOPL Abeokuta, Ogun State ) against 1, INEC, 2, Kenneth Udeze,3, James Vernimbe, 4, Akinuli Fred Omolere.

“The Court also awarded N400,000 cost against the appellants in favor of the Respondents.

The appeal was about the validity of the powers of Action Alliance NEC under Chief Kenneth Udeze led executive to conduct the party Governorship primary in Ondo State for the upcoming Saturday 16th November 2024, Governorship Election.

“The Federal High Court Abuja Division had earlier In Suit Number; FHC/ABJ/ CS/626/2024 Between Miller Orgwu and others (Omoaje faction) claiming to be authentic NEC of the party against 1, INEC, 2, KENNETH UDEZE,3, JAMES VERNIMBE, 4, AKINULI FRED OMOLERE presided by HON. JUSTICE JOYCE O.ABDULMALIK on 24th, September 2024 dismissed their Claim and validated the Ondo State Governorship Primary Election Conducted by Chief Barr Kenneth Udeze led Action Alliance NEC as valid and authentic, thereby Confirming the Ondo State Governorship Candidate of the party AKINULI FRED OMOLERE as the valid Candidate of the party for the 16th, November 2024 Governorship Election in Ondo State.”

The statement further said: “On 28 March 2022, the FCT High Court Abuja had affirmed and validated the Action Alliance National Convention held on 14th, March 2021 wherein Chief Barr Kenneth Udeze led NEC of the party were elected.

“Dissatisfied with the said Judgement, one Adekunle Rufai Omoaje and others were granted leave of the court of appeal to appeal same Judgement.

“On the 26th, January 2024, the Court of Appeal Abuja Division in Appeal Number; CA/ ABJ/ CV/ 955/22 Between Adekunle Rufai Omoaje and others and Chief Uzewuru Nwachukwu and others further Affirmed the FCT High Court Judgement that earlier validated the Action Alliance National Convention of 14th March,2021 wherein Chief Barr Kenneth Udeze led Action Alliance (AA) NEC of the party was elected.

“Dissatisfied with the appeal court Judgement one Adekunle Rufai Omoaje and others have appealed the Judgement to the Supreme Court of Nigeria in appeal Number: SC/ CV/162/2024 Between Adekunle Rufai Omoaje and others and Chief Uzewuru Nwachukwu and others, the matter is still pending at the Supreme Court of Nigeria which he has abandoned but desperately looking for how to come through the back door to claim the leadership of Action Alliance.”

The statement also explained that “INEC has since Complied with the Judgements validating the 14th, March 2021 National Convention of the party wherein Chief Barr Kenneth Udeze led Action Alliance NEC of the party was elected and uploaded on its website the Name of Chief Barr Kenneth Udeze- National Chairman, Vernimbe A James -National Secretary and other Elected NEC of the party as authentic.

“There is no court ruling or Judgement that Affirmed or validated any other National Convention of Action Alliance (AA) held on any other date apart from the 14th, March 2021 National Convention of the party which Courts have already and variously validated.”

Ezenwa Ibegbunam, who is the Counsel to Chief Fred Omolere, the governorship candidate of the party affirmed by the Court, noted that the judgment has further restated the correct position of the law and a vindication of the previous decision of the Court of Appeal which had earlier affirmed Chief Udeze led executive as the authentic leadership of the Action Alliance.

On his part, Chief Kenneth Udeze has praised the Court of Appeal as a citadel of justice and urged the party members across the country to remain focused.

He further noted that the Judgment has cleared the way for the victory of the party in the Ondo State gubernatorial election.

Source: Daily Independent