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

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Access to Justice Public Statement
Date: 18 April 2019

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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 Otteh​​​​​​​​Daniel Aloaye
Executive Director​​​​​​​Programme Officer

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Nigeria: The Changing Governance Story

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Nigeria: The Changing Governance Story

Today, however, Nigeria is home to the largest single-train refinery in the world, with the capacity to process 650,000 barrels of crude per day

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Nigeria: The Changing Governance Story

 

 

 

 

 

 

 

By Temitope Ajayi

 

 

 

 

 

 

 

Sahara Weekly Reports That Tracking many stories of remarkable progress currently taking place in Nigeria can be a challenging task. This is so because these important stories are lost to some who daily indulge in the cacophony of adverse reports. These negative news often dominates the headlines.

 

 

 

 

Nigeria: The Changing Governance Story

 

 

 

 

 

With a 24-hour news cycle that tends to focus mainly on distasteful narratives, several Nigerians have been made to accept the view that nothing good is happening in their country.

Those who rely on the mainstream media and social media as the only sources of news and information they consume are the worst hit by the cycle of misinformation that portrays our country as descending rapidly to the edge of the precipice. However, the reality is different: the country is making progress in leaps and bounds.

 

 

 

 

 

 

Late Swedish physician and Professor of International Health at Karolinska Institute, Hans Rosling, his son, Ola Rosling, and daughter-in-law, Anna Rosling, extensively dwell on this subject in “Factfulness: Ten Reasons We’re Wrong About the World – and Why Things Are Better Than You Think,” a book published in 2018. In the book, the authors demonstrate that most people are made to hold the wrong notion about the state of the world because the media project data, analyse trends and select stories to make people assume that things are getting worse around them. The authors assert that a majority of people view the world as poorer, less healthy, and a more dangerous place to live in than it actually is. In other words, many people believe they are living in a worse period in the history of mankind because of misinformation.

 

The same situation the Roslings describe in their book is at play in Nigeria, where individuals, interest groups, activists, analysts, self-serving politicians, and opposition elements constantly project and amplify negative stories.

It is as if we are in a race with those who can say the most horrible things about our country. Yet, we have an abundance of good stories to tell the world. We seem so numb to the good news that we are dismissive of breakthroughs and innovative trends. For instance, we downplay the significance of Dangote Petroleum Refinery and its possibilities to reflate the economy.

 

Many people forgot so soon that we had been importing petroleum products for over three decades because the state-owned refineries are moribund. Our national economy bled, and the country was in a fiscal cul-de-sac for those years as a result of subsidy payments on petroleum products.

 

Today, however, Nigeria is home to the largest single-train refinery in the world, with the capacity to process 650,000 barrels of crude per day. Cynics do not see this as a breakthrough.

 

Nigerians who are 60 years old and below started seeing modern rail infrastructure in 2016 when the All Progressives Congress-led administration of former President Muhammadu Buhari commissioned the standard gauge rail system, beginning with the Abuja-Kaduna route, later Lagos-Ibadan and then the Warri-Itakpe.

 

The national rail modernisation project is progressing with Kano-Katsina-Maradi and Kano-Kaduna standard gauge rail projects at different stages of completion. The contractor working on the rehabilitation of the Port Harcourt-Maiduguri narrow gauge recently announced the completion of the Port Harcourt-Aba section. While the Federal Government is rallying stakeholders to promote economic integration across the country, the Lagos State Government recently launched two metro rail lines -Blue and Red Rail lines – as part of the state’s elaborate master plan to build a modern and efficient megacity. Like Lagos State, there are visible signs of remarkable, quantifiable progress in several other states, including Kaduna, Kano, Akwa-Ibom, Rivers, Kebbi, Borno, Gombe, Oyo, Ekiti and Ogun, among others.

 

A few weeks ago, the President Bola Tinubu-led administration embarked on the construction of the 700 kilometres Lagos-Calabar Coastal Highway that will connect nine coastal states in another bold move to bolster economic growth further and open up the country to productive economic activities.

 

While it may be very easy for critics and other armchair analysts to ignore these developments and their significance to remaking Nigeria, there is no gainsaying that these projects and many more that are ongoing or about to be instituted across critical sectors are the core of President Tinubu’s Renewed Hope Agenda. Indeed, it is hard to process why the so-called critics and cynics can not see the Lagos-Calabar Highway project as a clear demonstration of the President’s commitment to harnessing the potential of our renascent Blue Economy.

 

Despite what is bandied by the most vociferous critics

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Wike’s Loyalist Nwanosike Leads Thugs To Disrupt PDP NEC Meeting

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Wike’s Loyalist Nwanosike Leads Thugs To Disrupt PDP NEC Meeting

 

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Samuel Nwanosike, the chairperson of Ikwerre Local Government Area of Rivers State, Thursday, reportedly led thugs to disrupt the National Executive Committee (NEC) meeting of the Peoples Democratic Party (PDP) in Abuja.

Nwanosike, who is the chairman of Ikwerre Local Government Area of Rivers State, is a loyalist of Nyesom Wike, the Minister of the Federal Capital Territory.

Among many other things, a potential sanction for Wike was expected to take the front burner at the party’s NEC meeting over allegations of anti-party activities.

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However, Nwanosike reportedly tried to force his way into the venue and came along with hoodlums. His intent, it was gathered, was to create chaos and halt resolutions by the NEC.

 

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APC Vanguard condemns purported sacking of Ganduje as attempted civilian coup …recommends full investigation

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APC Vanguard condemns purported sacking of Ganduje as attempted civilian coup ...recommends full investigation

APC Vanguard condemns purported sacking of Ganduje as attempted civilian coup
…recommends full investigation

 

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A political interest group in the All Progressives Congress (APC) has condemned the purported sacking of the National Chairman of the party, Alhaji Umar Ganduje.

The group under the umbrella of APC National Vanguard described the sacking as a political coup orchestrated by desperate individuals outside the party who are envious, and felt threatened by Ganduje’s rising profile.

It said that the attempt to sack Ganduje as the National Chairman of the APC is a direct assault on the democratic principles and what the party stands for.

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The group said: “We understand that such calls and attempt to illegally sack the chairman can only be contemplated by anti-democratic forces and those who seek the fall of the APC party.

“It is most unfortunate that they are hiding behind the façade of being democrats when in reality they abhor the very tenets of democracy, which is why they are keen on using crude tactics to cause disarray, and unsettlement within our prestigious party.

“We warn those outside the APC party who desperately want to rejoin the party to do so in the most honorable and civilized manner. Resorting to devilish, demonic, and dubious means to achieve their goals is not only unacceptable but also undermines the principles of democracy and fair play.

“It Is a clear violation of our party’s constitution and an affront to the democratic principles upon which our great nation is built. We stand firmly behind Alhaji Ganduje and affirm our unwavering support for his leadership.

“His dedication, integrity, and commitment to the ideals of the APC have been instrumental in our party’s success and growth. His Excellency, Alhaji Umar Ganduje, has been an exemplary leader within the All Progressives Congress.

“Under his leadership, the party has made significant strides in advancing its agenda, promoting good governance, and delivering on its promises to the Nigerian people. His rising profile is a testament to his dedication, hard work, and commitment to the party’s ideals.”

The group called on Governor Abba Kabir Yusuf of Kano State to call his dogs to order. It said: For those that have hired themselves out as mercenaries to threaten Nigeria’s democracy and causing strife within our noble party, you should be ready to face the sword of justice soonest.

“The governor needs to understand that oppression of the weak is the bane of Justice and Democracy in any country. We implore him to step down if he has nothing in his head other than witch-hunting, and playing divisive politics in Kano State.

“He should hand over government to a competent hands if he’s not ready to embrace following due process of justice, other than using rascality, impersonation, and manipulative tactics to fight opposition.

“We call on all members of the APC, at all levels, to rally together in support of Alhaji Umar Ganduje and to condemn this act of political sabotage.

“Our unity and solidarity are paramount in these challenging times. It is only by standing together, hand in hand, that we can overcome any attempts to divide and weaken us.

“In conclusion, we reiterate our condemnation of the purported sack of His Excellency, Alhaji Umar Ganduje, as the National Chairman of the APC. We expose the legal loophole in the alleged suspension, highlighting the fact that those who addressed the press conference are not card-carrying members of our party.

“Which in regards of this revelation makes the purported suspension null and void, and would have no any effect on the National Chairman.

“We further express our happiness at the good news that, the Ward and Local Government Executives having identified the persons involved in this unfortunate situation, have already prepared to charge them to court for impersonation and calculated attempt to embarrass and dent the image of the Party and that of the National Chairman.

“We also issue a stern warning to those outside the APC who seek to rejoin the party, urging them to do so in a manner that upholds honor, civility, and the democratic values we hold dear.”

 

APC Vanguard condemns purported sacking of Ganduje as attempted civilian coup
...recommends full investigation

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