Rising from its national executive council meeting held in Abuja on Monday, January 28, the Nigerian Bar Association (NBA) directed its members nationwide embark on a two-day warning boycott of courts all over the country.
The NBA issued the directive in protest against the suspension of the Chief Justice of Nigeria (CJN), Mr. Walter Onnoghen by President Muhammadu Buhari.
It would be recalled that Onnoghen who is facing a six-count charge at the Code of Conduct Tribunal (CCT) for alleged non-declaration of assets was suspended on January 25 by Buhari, barely four weeks to the February 16 presidential election.
Immediately, the president swore in Justice Tanko Mohammed as acting CJN pending the determination of the case against Onnoghen at the CCT.
The president claimed to have got “an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other for a relating to his alleged breach of the Code of Conduct for Public Officers.”
The two-day boycott which commenced on Tuesday and continues through today, Wednesday, according to association, should serve as a warning to the federal government.
But NBA’s directive has not been complied with fully as there have been pockets of resistance from different parts of the country among individual lawyers and the association’s branches.
Lagos lawyer and human rights campaigner, Mr. Femi Falana human rights activist, Mr. Femi Falana who ignored the directive lashed out at the association for being hypocritical in calling for boycott of courts.
Speaking at the High Court of the Federal Capital Territory (FCT) where he had gone to attend to a case in defiance of the NBA’s order, Falana said it was wrong for the association to approbate and reprobate, calling for the suspension of judges who were arrested by security agents in 2016 and turning around now to fault the suspension Onnoghen.
“Nigerian Bar Association (NBA) are playing double standard by taking a position to support the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
“It was wrong for the association that called for the suspension of judges who were arrested by security agents in 2016 to now turn around to fault the suspension of a CJN,” he said.
Another lawyer who craved anonymity told NewsGazette at one of the courts in Igbosere, Lagos that “belonging to any association is optional.”
“What about my clients who are languishing in detention and jail? What about my clients who are taken to the court by the police today? Do they have to suffer because NBA has called for boycott of courts? And what about me? If I don’t represent my clients in court, how would I put food on the table for my family? As much as Onnoghen’s suspension is in bad faith, I think the courts should be allowed to settle the matter while lawyers are allowed to go about their normal duties in courts,” he said.
On the whole, the directive did not have full effect on different courts in the state yesterday as lawyers were seen engaging in daily usual court activities
At the State High Court in Ikeja, Ikorodu and Igbosere many courtrooms were busy as usual; even Magistrate’s Courts in these jurisdictions were also busy with lawyers doing their things.
In Damaturu, Yobe State, the NBA branch did not comply with the boycott order.
Although it said it regretted the situation that led to the suspension of the CJN, “but as ministers in the temple of justice, we insist that this is a matter before the court and should be left for the courts to decide.”
“One of the cardinal roles of the bar is to protect the character and essence of courts and their processes. Therefore, boycott or resorting to street actions on a matter that is before the court is by far, a deviation from the fundamental principles that define the tenets of the legal profession and democracy.
“To advance the cause of justice for everyone, court must be allowed to operate and make decision on this and all other matters before them.
“Hence the members of the NBA branch call on its members to shun any boycott of the courts and continue with their role as prosecutors, judges and attorneys.
“We respectfully give allegiance to the authority of the courts to deal with the matter in line with the rule of law and constitutionalism,” said NBA.
Similarly, The Jigawa branch of the association shunned the order saying the CJN’s suspension was meant to enable the tribunal hear and determine allegations of false asset declarations leveled against Onnoghen by Code of Conduct Bureau.
But the association, in a statement signed by its chairman, Mr. Bashir Hussaini, said the state chapter would not participate in the nationwide court boycott.
The association which described the suspension as a “trying time” for the judiciary said: “The NBA, Dutse branch, expresses its deep concern over the suspension of Chief Justice of Nigeria. However, the branch will not embark on any strike or boycott of our proceedings
“The situation is a trying time for the legal profession. The parties should seek redress through legal means by appealing against the order of the tribunal for the suspension of the CJN, instead of boycotting courts that will be detrimental to the parties.”
In Rivers State, lawyers on Tuesday, shut down court proceedings in Port Harcourt, as they staged a peaceful protest in condemnation of the suspension of Onnoghen.
The lawyers, who gathered at the NBA House, marched to Magistrate’s Court, State High Court, Federal High Court, National Industrial Court and Court of Appeal and stopped proceedings.
NBA chairman, Port Harcourt branch, Mr. Sylvester Adaka, said the association did not support corruption: “We are saying due process must be followed, people should not be confused about what we are doing. Our protest today (yesterday), does not mean that the NBA is encouraging corruption in any way.
“If we do not do things like this, one day, we will face the kind of courts shutdown that we faced in 2014. It means that one day, one man can wake up, drive an armoured tank and block the courts and say no more court here. So, if we have to sacrifice one or two days to avoid that, I think such a sacrifice is necessary.”
In Cross River State, activities at the Federal High Court, National Industrial Court and other courts in the state were paralysed.
Over 300 lawyers from three branches of the NBA, comprising Calabar, Ikom and Ogoja, protested on the streets of Calabar yesterday against Onnoghen’s suspension.
The lawyers displayed placards with various inscriptions congregated at the state judiciary headquarters, High Court complex on Mary Slessor Avenue before matching to the governor’s office on Diamond Hill where they presented a six-point demand to the governor for onward transmission to the president.
The vice chairman of NBA, Calabar Branch, Mr. Julius Idiege, read a communiqué before it was presented to the state deputy governor, Prof. Ivara Esu, who received it on behalf of the state governor, Prof. Ben Ayade.
“We condemn in the strongest terms, and wholly reject the unconstitutional suspension of Honourable Justice Walter Samuel Nkanu Onnoghen by President Muhammadu Buhari, vide a black market ex parte order issued by the Code of Conduct Tribunal.
“We are horrified that the Hon Justice Tanko Mohammed submitted himself to be sworn in as Acting Chief Justice of Nigeria, thereby subscribing to this abuse of the constitution and we find the actions of the Code of Conduct Tribunal perfidious and fraudulent.”
“Unless this abuse of the constitution is redressed immediately, the rule of law will be in jeopardy and this will drive the country towards anarchy.
“The constitution of Nigeria must remain supreme and sacrosanct. We call on the president to immediately retrace his steps and reinstate Hon. Justice Walter Onnoghen to his position as Chief Justice of Nigeria, and preserve the constitution which he swore to uphold,” said the communiqué in part.
In Ebonyi State, there was total lock down of court activities on Tuesday.
The chairman of Abakaliki branch of NBA who addressed the media said none of the courts was open and described the federal government’s action as an “aberration.”
“The situation is that lawyers have boycotted court sitting in the state for two days as a way of registering our reservations for the action taken against the CJN.
“None of the courts is opened. The action of the federal government is an aberration of the law. The federal government is not the appropriate body to punish a judicial officer.
“It is an invitation to full blown anarchy if we allow it to stand. There are established rules. Let the Federal Government follow the established due process.
“NBA Abakaliki is in support of its NEC’s resolution. A lawless society is not what we want. We sent our members to monitor Afikpo and other places and I can tell you that in Ebonyi, it total shut down. Not even customary court sat today,” he said.
And in Kwara State, there was a partial compliance with the order because there was no formal communicate formally to the heads of courts.
NBA chairman, Ilorin branch, Mr. Muhmmed Akande, who stated this in an interview with journalists, said the boycott would be more effective on Wednesday (today) as the Chief Judge of the state and others would have been properly put on notice.
“There was partial compliance; not full because really some members were not aware; so we tried our best to enforce it. The problem was that I was at the NEC meeting yesterday where the decision was made and I just had to rush down; I just got back to the office.
“The heads of courts are not aware so I have to call the Chief Judge of Kwara State and some other heads of courts. You know we have to communicate to them officially the decision of NEC. I just came with the official position for the attention of the heads of courts. So by tomorrow there will be total compliance,” he said.
Also in Edo State, lawyers boycotted proceedings in all courts in the state.
The chairman of the NBA in Benin, Mr. Collins Benson, said the boycott recorded 100 per cent compliance.
The boycott order affected the Court of Appeal, the Federal High Court, and the Oredo Area Customary Court.
Other courts affected were the Criminal High Court, Aiguobasimwin, the State High Courts and the Magistrate courts.
A notice placed on a board of the high court in Benin, warned that sanctions awaited any lawyer who flouted the NBA’s directive.
In Enugu State, there was total compliance with the directive as judges and lawyers abstained from court proceedings.
At the Enugu State High Court, it was observed that only few judicial staff and some litigants were seen discussing in clusters.
At the Federal High Court, Court of Appeal, Enugu Division, there were no court proceedings as judges and lawyers were not available.
Only a few employees and security personnel were seen on the court premises.