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Saturday, January 19, 2019

Legal Reason Why Buhari Should Withdraw Charge Against Justice Onnoghen

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Senior Nigerian lawyer, Femi Falana, has called for withdrawal of President Muhammadu Buhari-led Federal Government to withdrawn its charge against the Chief Justice of Nigeria (CJN), Justice Walter Samuel Onnoghen.
The Federal Government will on Monday, January 14, 2019, arraign the CJN before the Justice Danladi Yakubu led-Code of Conduct Tribunal (CCT) in Abuja on charges of failures to declare his assets as required by law and for operating Bank Domiciliary Foreign Currency Accounts.
“As all authorities are bound by the Court of Appeal verdict the case should be withdrawn by the Attorney-General of the Federation without any delay because it is likely to be a prosecutorial misadventure.”
The charges against Justice Onnoghen were filed and served on him on Friday at his official residence
in Abuja preparatory for his appearance at the tribunal.
Falana, speaking to Premium Times described the move against Justice Onnoghen as a “prosecutorial misadventure.” He, therefore called on the justice minister, Abubakar Malami, to immediately withdraw the charge.
Falana said: “The charge against the Chief Justice of Nigeria, Justice Walter Onnoghen ought not to have been instituted at the Code of Conduct of Tribunal in view of the case of Nganjiwa v FRN (2017) LPELR 43391 wherein the Court of Appeal held that a judicial officer who has not been investigated by the National Judicial Council and sanctioned for misconduct cannot be arraigned in any criminal court in Nigeria.

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FACEBOOK COMMENTS

Endy Edeson

Emeka, well said, this charge could be beyond the assets or politically motivated

Emeka Chiagoro

Am wondering if the advisers of this administration are not dafts. They do things without taking into cognisance the legal implications of their actions. The present occupant of the Office of the AGF and Minister of Justice is the worst that I have see in recent time.
Edited1

Tee Ruby

Corrupt people everywhere with selfish ambition. That is y Nigeria is where it is today. Alot of people will not make heaven.
3

Bamofin Muyiwa Kusimo

How do you arraign the most senior judicial officer of that height.Hence,abdicating the primus role of the NJC in determining the guilt or otherwise of an indicted judicial officer??

I heard recently that Buhari led administration doesn't read or listen to advice.Definitely,the Minister of Justice & AG of the Federation would have done his part.Hence, he should be exculpated out of this nonsense or Perhaps the AG should resign honourably to protect the sacred interest of the judiciary....

Our primus inter-pares must not be humiliated with such impunity from a lawless Government...
2

Endy Edeson

Emeka, many times, court rulings are not implemented in Nigeria. So, they fear no legal implications of their actions

Ibekwe Jude

Thanks for your advice but he will not listen

Joseph Tyokoso Akwente

Next time Nigeria will elect an eduvated President.
2

Oluwatoyin Obanla

And who is the head of the so called National Judicial Council if not Justice Onnoghen himself. So,what do you expect to come out of such investigation if it is conducted by the NJC that Onnoghen is the head?. We should start thinking as a people in this country and shouldn't always allow our emotions to becloud our senses of judgement
2

Samuel Fernando

Rotimi Amaechi used the DSS to tap CJN Onnoghen phone lines heard his conversation with someone where he warned that if the APC rig the elections and they come to his court, he would rule against them.
Amaechi believes Onnoghen is loyal to Wike and so he instigated the CCT probe.
1Love

Olabisi Oreyomi

No Mr. Falana. His charge is not about his court pronouncement, it's not about his office as CJN, it is about his failure to his civil obligation.
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