Itse Sagay, chairman of
presidential advisory committee against corruption (PACAC), says the National
Judicial Council (NJC) cannot address the false assets declaration charges
against Walter Onnoghen, chief justice of Nigeria (CJN).
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.
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.”
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