Former president of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba, has asked the Legal Practitioners’ Disciplinary Committee (LPDC) of the association to withdraw the licence and expel the chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar from the bar.
Agbakoba alleged that Umar had brought the legal profession into disrepute with the steps he took in the trial of the suspended Chief Justice of Nigeria (CJN), Mr. Walter Onnoghen.
In a petition dated January 29 and addressed to the general secretary of the NBA Agbakoba cited the ruling by the CCT in an asset declaration case against a Supreme Court Judge, Mr. Sylvester Ngwuta, as reason the tribunal has no jurisdiction to rule over Onnoghen’s case.
He said Umar was aware of the judgement of the Court of Appeal in the case of Nganjiwa vs FRN, where the court held that a serving judge could not be charged to court unless he or she is first probed and sanctioned by the National Judicial Council (NJC).
He argued that it is only the NJC that reserves the power to rule on the case of an erring judicial officer and recommend to the president the removal of such officer.
Agbakoba who described Umar’s action as constituting a “constitutional crisis” said: “On January 14th, 2019, the Code of Conduct Tribunal (CCT) of which Mr. Danladi Umar is chairman assumed jurisdiction in a matter against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen knowing the CCT had no jurisdiction in view of CCT’s own decision in the case of Hon. Justice Sylvester Ngwuta which also involved Asset Declaration
“The Court of Appeal in Nganjiwa v. FRN (2017) LPELR-43391 (CA) held that allegations of misconduct against a serving Judicial officer must first be referred to and handled by the National Judicial Council (NJC).
“It is only after the NJC has entertained and made a finding or pronouncement on the allegation against a Judicial officer and recommended to the President or Governor as the case may be, the removal of such judicial officer, and the recommendation is accepted and acted upon by the appropriate authority, that the prosecuting agencies of the federal government can proceed against such judicial officer to make him face the full wrath of the law.
“Mr. Danladi Umar knew the state of the law yet acted otherwise. Mr. Umar’s misconduct has created a constitutional crisis and brought great embarrassment to the Legal profession.
“On January 23, 2019, the Code of Conduct Tribunal of which Mr. Danladi Umar is chairman issued an ex parte order which on its face is clearly defective having not set out on record the Counsel that made the application. This gives the impression the CCT may have drawn up the Application on itself. This led the President of Nigeria to purportedly suspend the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen and purportedly appoint an Acting Chief Justice of Nigeria, Hon. Justice Tanko Mohammed, as the Acting Chief Justice of Nigeria.
“Mr. Umar’s misconduct has created a constitutional crisis and brought great embarrassment to the Legal profession.”
Agbakoba said the interim order granted by Umar on January 23 authorising President Muhammadu Buhari to suspend the CJN was suspect, as the lawyer who filed the ex parte application and argued it was not indicated on the order.
“This gives the impression that the CCT may have drawn up the (ex parte) application by itself,” Agbakoba said.
He said with the President suspending the CJN and replacing him with Justice Tanko Muhammad as acting CJN, “Mr. Umar’s misconduct has created a constitutional crisis and brought great embarrassment to the legal profession.”
The petitioner also said the CCT chairman has a pending bribery case against Umar before the Federal High Court in Abuja, in which he was accused of demanding a bribe of N10 million from one Mr. Rasheed Owolabi Taiwo in 2012.
He said he believed that since Umar is not a judicial officer, the Nigerian Bar Association Legal Practitioners’ Disciplinary Committee had the power to punish him.
“In the light of these violations of the Rules of Professional Conduct, we pray the Legal Practitioners’ Disciplinary Committee direct that the name of Mr. Danladi Umar be struck out of the Roll of Legal Practitioners in Nigeria,” said Agbakoba.
