A coalition of Niger Delta agitators are threatening to attack the nation’s oil infrastructure if the federal government does not back down on its plan to arraign the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who is from the region. The threat was contained in a statement by one General John Dukku on behalf of Niger Delta Watchdogs, Coalition of Niger Delta Agitators, and others.
“We want to state categorically that if the presidency fails to reverse its harassment against the CJN, we will have no other option but to mobilise all the Niger Delta fighters and commence serious actions that would shake the country and the whole world. The statement reads in part: “President Muhammadu Buhari was not disposed to Justice Onnoghen’s appointment to this position, which was why he refused to confirm the appointment after so many months of (Onnoghen) serving in acting capacity. It was during the period of his sickness while in Britain that the acting president, Prof. Yemi Osinbajo, confirmed the appointment.
“We wish to also recall that in August last year, Mr. Matthew Seiyefa of Bayelsa State, who was the most senior and most qualified officer at the time, was appointed to the position of acting director general of the Department of State Services by Prof. Osinbajo, only to be replaced with a retired and junior officer to Mr. Seiyefa, Mr. Yusuf Magaji Bichi by President Buhari as soon as he (Buhari) resumed duties. We hereby vehemently resist any attempt to remove CJN Walter Onnoghen from office.
Despite the babel of angry voices demanding that the Code of Conduct Tribunal (CCT) drop its case, the CCT went ahead to re-scheduled the arraignment to Jan. 22. The change of date followed arguments by the defence counsel that the CJN was not properly served. Justice Onnoghen was absent from Monday’s proceedings for his arraignment on charges of non-declaration of his assets. Forty-five Senior Advocates of Nigeria and fifty-five senior lawyers represented the CJN at the tribunal.
The tribunal chairman upon inquiry about Onnoghen’s absence from court, discovered from the defence team, led by Chief Wole Olanipekun (SAN), that the CJN needed not to be present having filed a motion to challenge the tribunal’s jurisdiction. Olanipekun said he and other defence lawyers only appeared in court in protest against the jurisdiction of the tribunal. He also said from the account given by the court official earlier in the proceedings, the CJN was not served with the charges and summons personally, but through his aide. Olanipekun insisted that the law requires that the defendant be personally served.
But the prosecuting lawyer countered that the law only requires the defendant to be aware of the pending charges, and that it was the CJN’s choice to ask his aide to receive the charges and summons on his behalf. After series of argument which lasted for about 45 minutes, the lead prosecuting counsel, Aliyu Umar (SAN), conceded that Justice Onnoghen was not personally served with the charges and the court’s summons to appear before the CCT as required by the law. He, therefore, requested the three-man tribunal led by Danladi Umar to direct a fresh service on the CJN.
In other reactions, five of the six South-South governors held an emergency meeting and called on the CJN to ignore the CCT summons. Their communiqué was signed by Seriake Dickson, (Bayelsa); Nyesom Wike, (Rivers); Ben Ayade, (Cross River); Udom Emmanuel, (Akwa Ibom); and Ifeanyi Okowa, (Delta). It reads in part: “We hereby call on the president to condemn without any equivocation this assault on the CJN and the judiciary, especially coming after similar assaults on the National Assembly, to save the country from this embarrassment and global contempt. “We call on the CJN to ignore this so-called court summons from the CCB and the provocative call for his resignation in some quarters. While we are not opposed to a genuine fight against corruption, such an action must always be anchored on the rule of law.
In alignment with the agitators, the governors noted: “The unceremonious removal of former acting director general of the Department of State Services, Matthew Seiyefa and his replacement is still very fresh. We note that the unfortunate action against the CJN further reinforces the perception that the Buhari administration has no regard for the sentiments of Nigerians, in particular the people of the Niger Delta, and the rule of law.”
Also, the Nigerian Bar Association (NBA) condemned what it described as onslaught against the judicial arm of government. In a statement, NBA president, Paul Usoro, alleged plan to destabilize and lay prostrate other arms of the government with a view to eliminating voices of dissent and checks and balances. The NBA expressed dismay at the speed with which the government received the petition against the CJN and immediately filed charges against him, insisting that such action violates the decision of the court that no judicial officer should be put to trial without being removed by the NJC.
He said: “In Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391 (CA), the Court of Appeal made it very clear that any misconduct attached to the office and functions of a judicial officer must first be reported to and handled by the NJC pursuant to the provisions of our laws. Only after the NJC has pronounced against such judicial officer can the prosecuting agencies of the Federal Government proceed against him.
The Igbo socio-cultural organization, Ohanaeze Ndigbo, said it was shocked and disappointed over the development. In a statement by its President General, Nnia Nwodo, the group said the action was premature and ill-conceived and warned that “our country is about to be thrown into a needless political instability that is capable of leaving the country in the throes of death.”
Senate President Bukola Saraki said: “If the government truly has a genuine reason to put the incumbent CJN on trial, it should ensure that every step in the process is transparent and the normal process as provided by the law is followed to the letter.” In a statement by his spokesman, Yusuph Olaniyonu, Saraki faulted the Federal Government’s haste on the matter, saying a short-circuiting of the process of fair hearing might have occurred.
The APC however backed the trial, saying it was in line with its anti-corruption principle. In a statement, National Publicity Secretary Lanre Issa-Onilu said: “The swift declaration by the Peoples Democratic Party (PDP) condemning the purported move has again exposed the party as one with a natural inclination to rise up in defence of cases of alleged corruption.
“Resort to baseless postulations anytime issues of corruption are levelled against public officers only confirms what Nigerians already know. PDP and corruption are Siamese twins. One would have thought that the PDP would call for impartial investigations when corruption cases are levelled against public officers. We assure the PDP and indeed all Nigerians that the President Muhammadu Buhari-led APC administration remains uncompromising in its determination to rid the country of this malady.”
Meanwhile, the PDP presidential candidate, Atiku Abubakar, has warned Nigerians not to allow Buhari to steal their votes in the presidential election. During an interactive session with youth groups, social media activists, and bloggers in Abuja, Atiku said: “President Buhari has stolen your jobs. He has stolen your rights. Don’t let him steal your votes. They are preparing the ground to steal your votes. I know that Nigerians are ready to ‘Get Nigeria Working Again’, but don’t let President Buhari steal your votes.”
