Why Onnoghen’s Case Cannot Be Handled By The National Judicial Council – Sagay

According to Itse Sagay, chairman of presidential advisory committee against corruption (PACAC), the case against Chief Justice of Nigeria, Walter Onnoghen cannot be handled by the National Judicial Council (NJC).

In a statement on Wednesday, the senior advocate of Nigeria (SAN) said “not even a baby” expects the council, chaired by the CJN, to indict him of the accusations against him.

Recall that the Code of Conduct Bureau (CCB) had filed a six-count charge of false assets declaration against Onnoghen following a petition by the Anti-Corruption and Research Based Data Initiative (ARDI).

But some Nigerians have argued the case ought to have been first treated by the NJC, a body charged with the discipline of judges.

Sagay, however, said those presenting such argument “can’t be serious”.

“They can’t be serious. They must obviously be speaking tongue in cheek. Even a baby, three months old, must realise that no one can get justice against the CJN at the NJC,” the statement read.

“The CJN is not only the chairman of the NJC, he is also the appointor of 20 out of the NJC’s 23 members. The CJN is the NJC.

“Only a grossly ignorant man or an extremely mischievous one could seriously suggest that a matter involving the CJN should be brought before the NJC for adjudication.

“Therefore, the whole idea of taking the present case to the NJC is a nonstarter, for that would make the CJN the Chief Judge of his own case – a clear violation, not only of the Constitution, but also of a long standing common law principle coming all the way from MAGNA CARTER in the year 1215.”

The senior lawyer said rather than argue over who should treat the case, the issue of concern should be whether the CJN is guilty or not.

“Why is Nigeria such a Theatre of the Absurd?” he asked, adding: “Today, we are only talking about preliminary objections, interim injunctions, challenge of jurisdiction, wrong procedure, etc., etc. Nobody is talking about the substantive issue any longer.

“Did he do it? Did he not do it? [That is] the question we should all be asking.

Meanwhile, in the latest development, Naija News reports that the federal high court has extended suspension of Onnoghen’s trial to January 28.

source https://www.naijanews.com/2019/01/17/why-onnoghens-case-cannot-be-handled-by-the-national-judicial-council-sagay/