Ime Akpan
Lagos lawyer and human rights advocate, Mr. Femi Falana has written to the attorney general of the federation and minister of justice, Mr. Abubakar Malami and advised him to withdraw the charges filed at the Code of Conduct Tribunal (CCT) against the suspended Chief Justice of The Federation (CJN).
In a letter dated February 3 and addressed to Malami, Falana also urged the minister to advise President Muhammadu Buhari to reverse the illegal suspension arguing that a public officer could not be removed from office on the basis of an ex parte order granted by any court or tribunal in Nigeria.
He said the withdrawal of case from the CCT will lead to the immediate vacation of the ex parte order relied upon by the president “to justify the illegal suspension of the Chief Justice from office and the appointment of Justice Tanko Mohammad as CJN.”
Falana said once the suspension is reversed, Onnoghen will then be prevailed upon to resign as the CJN “having lost the moral authority to preside over the affairs on the juridical organ of the government of the federation.”
However, he said in the event that the CJN refuses to vacate office, or if the National Judicial Council (NJC) does not recommend his removal from office, Malami “may wish to exercise your powers under section 174 of the Constitution to prosecute him for failure to declare his assets which is a punishable offence under the Code of Conduct Bureau and Tribunal Act.”
The letter reads: “Having confirmed that you have since submitted a petition to the National Judicial Council alleging grave misconduct against the Chief Justice, I am compelled to request you, once again, to file a nolle prosequi to discontinue the charge pending against his Lordship at the Code of Conduct Tribunal without any further delay.
“The charge should not be allowed to hang like a Sword of Damocles on the head of the Chief Justice while he is being investigated by the National Judicial Council. In view of your implicit confidence in the ability of members of the National Judicial Council to resolve the matter you ought to accede to the request to terminate the proceedings at the Code of Conduct Tribunal forthwith.
“As you are no doubt aware, the withdrawal of the case from the Code of Conduct Tribunal will lead to the immediate vacation of the ex parte order relied upon by President Muhammadu Buhari to justify the illegal suspension of the Chief Justice from office and the appointment of Justice Tanko Mohammad as Acting Chief Justice of Nigeria.
“Even though by virtue of Paragraph 10 (2) (a) of Part 1 of the Fifth Schedule to the 1999 Constitution (as amended) the Code of Conduct Tribunal is empowered to order any public officer to vacate office the power cannot be exercised until such a public officer has been tried and convicted for breaching the provisions of the code of conduct for pubic officers.”
“But as a public officer cannot be removed from office on the basis of an ex parte order granted by any Court or Tribunal in Nigeria we urge you to advise President Buhari to reverse the suspension of the Chief Justice.
“Once the suspension is reversed Justice Walter Onnoghen will then be prevailed upon to resign as the Chief Justice having lost the moral authority to preside over the affairs on the juridical organ of the Government of the Federation. However, if his Lordship does not call it quits or if the National Judicial Council does not recommend his removal from office you may wish to exercise your powers under section 174 of the Constitution to prosecute him for failure to declare his assets which is a punishable offence under the Code of Conduct Bureau and Tribunal Act.”
