Godwin Tsa, Abuja

The suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has accused the Presidency of interfering in his trial at the Code of Conduct Tribunal.

This is contained in a statement issued by his led counsel, Chief Adegboyega Awomolo, a Senior Advocate of Nigeria (SAN).

Awomolo, who signed the three- page statement, accused judges of being indifference to the travails of the CJN.

He did not spare the framers of the of the 1999 constitution, for failing to give attention to the need for the CCT to secure its independence, impartiality and non interference from external forces.

Awomolo said: “A situation where the executive arm of the Federal Government is the custodian of the code of conduct for public officers, and the enforcer of the code of conduct through the tribunal, is unfair. 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 (CCT) 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, and disregard for due process and partiality.

“The CCT 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). The third lesson is that 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 maters 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 officer 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 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, been 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. The zeal 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, stunt societal and human growth and diminish 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 added.

Meanwhile, the CCT, has summoned a director at the Code of Conduct Bureau (CCB), Mrs. Theresa Nwafor, to appear before it tomorrow in connection with the trial of Onnoghen.

The summon is at the instance of Onnoghen, who listed her as one of his witnesses.

However, Onnoghen opened his defence yesterday by calling his 60-year-old driver, Lawal Busari, as his first defence witness (DW1).

The witness told the tribunal that Onnoghen obtained his assets declaration form on July 28, 2010, and submitted it to the CCB on November 4, 2010.

Onnoghen had earlier told the tribunal that he intended to call three witnesses to defend himself in the six count charge of non declaration of assets.

The tribunal had, last Friday, dismissed his no-case submission, and ordered him to open his defence.

When the case came up, his lead counsel, Awomolo informed the tribunal that his client has proposed three defence witnesses.

He disclosed that one of the proposed defence witnesses would be a airector at the CCB, Mrs. Nwafor.

Awomolo thereafter applied to the Danladi Umar-led CCT to make an order that a subpoena be issued and served on Nwafor summoning her to appear before the tribunal to testify in the case.

The lead prosecuting counsel, Mr. Aliyu Umar (SAN), said he had no objection to the application.