Below is the text of the address
by President Muhammadu Buhari on the suspension of Justice Walter Nkanu Samuel
Onnoghen as chief justice of Nigeria and swearing-in of the acting chief
justice.
Fellow Nigerians, a short while
ago, I was served with 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 fora relating to his alleged breach of the Code of Conduct
for Public Officers.
The nation has been gripped by
the tragic realities of no less a personality than the Chief Justice of Nigeria
himself becoming the accused person in a corruption trial since details of the
petition against him by a Civil Society Organization first became public about
a fortnight ago.
Although the allegations in the
petition are grievous enough in themselves, the security agencies have since
then traced other suspicious transactions running into millions of dollars to
the CJN’s personal accounts, all
undeclared or improperly declared as required by law.
One expected that with his moral
authority so wounded, by these serious charges of corruption, more so by his
own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to
spare our Judicial Arm further disrepute by removing himself from superintending
over it while his trial lasted.
Unfortunately, he has not done
so. Instead, the nation has been treated to the sordid spectacle of a judicial
game of wits in which the Chief Justice of Nigeria and his legal team have made
nonsense of the efforts of the Code of Conduct Tribunal to hear the allegation
on merit and conclude the trial as quickly as possible considering the nature
of the times in which we live.
Whether deliberately or
inadvertently, we have all seen the full weight of the Chief Justice of Nigeria
descend on the tender head of one of the organs of justice under his control.
There is simply no way the officers of that court, from the Chairman to the
bailiffs, can pretend to be unaffected by the influence of the leader of the
Judiciary.
Not only the trial court, but
others have been put on the spot. Practically every other day since his trial
commenced, the nation has witnessed various courts granting orders and
counter-orders in favour of the Chief Justice of Nigeria, all of them characterised
by an unholy alacrity between the time of filing, hearing and delivery of
judgment in same.
The real effect has been a
stalling of the trial of Justice Onnoghen, helped along by lawyers who insist
that these orders, whether right or wrong are technically valid, and must be
obeyed till an appellate Court says otherwise. No doubt that it is the proper
interpretation, but is it right disposition for our nation?
Nigeria is a constitutional
democracy and no one must be, or be seen to be, above the law. Unfortunately,
the drama around the trial of the Chief Justice of Nigeria has challenged that
pillar of justice in the perception of the ordinary man on the street. For it
is certain that no ordinary Nigerian can get the swift and special treatment Justice
Onnoghen has enjoyed from his subordinates and privies in our Judicature.
In the midst of all these
distracting events, the essential question of whether the accused CJN actually
has a case to answer has been lost in the squabble over the form and nature of
his trial. This should not be so.
If Justice cannot be done and
clearly seen to be done, society itself is at risk of the most unimaginable
chaos. As a Government, we cannot stand by wailing and wringing our hands
helplessly but give our full backing and support to those brave elements within
the Judiciary who act forthrightly, irrespective of who is involved.
As you are all aware, the fight
against corruption is one of the tripod of policies promised to Nigerians by
this administration. Needless to say
that it is an existential Policy which must be given adequate attention and
commitment by all the three arms of government. The efforts of the Executive
will amount to nothing without the cooperation of the Legislature and
especially the Judiciary.
It is no secret that this
government is dissatisfied with the alarming rate in which the Supreme Court of
Nigeria under the oversight of Justice Walter Onnoghen has serially set free,
persons accused of the most dire acts of corruption, often on mere
technicalities, and after quite a number of them have been convicted by the
trial and appellate courts.
Since there is nothing the
Executive Arm can do after the apex court of the land has spoken on any matter,
several of these individuals walk free among us today, enjoying what are
clearly the proceeds of the corruption which for so long has defeated the
efforts of this nation to develop and prosper.
It is against this background
that I have received the Order of the Code of Conduct Tribunal directing me to
suspend the Chief Justice pending final determination of the cases against him.
It also explains why I am not only complying immediately, but with some degree
of relief for the battered sensibilities of ordinary Nigerians whose patience
must have become severely over-taxed by these anomalies.
In line with this
administration’s avowed respect for the Rule of Law, I have wholeheartedly
obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.
Accordingly, I hereby suspend the
Honourable Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice
of Nigeria pending final determination of the case against him at the Code of
Conduct Tribunal.
In further compliance with the
same Order of the Code of Conduct Tribunal, I hereby invite Honourable Justice
Ibrahim Tanko Mohammed JSC, being the next most Senior Justice in the Supreme
Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in
an Acting Capacity.
Fellow Nigerians, we can only
stand a chance to win the fight against Corruption, and position our dear
nation for accelerated development when we stand together to contend against
it.
Thank you and may God bless our
country.
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