Human rights lawyer, Femi Falana,
has again written to the Federal Government to withdraw the criminal charges
filed against Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT).
Falana made the call in a letter
addressed to the Attorney-General of the Federation and Minister of Justice,
Abubakar Malami, on Sunday.
He advised the minister to
prevail on President Muhammadu Buhari to reverse the suspension, adding that it
is wrong for a public officer to be removed from office on the basis of an ex
parte order granted by any court or tribunal in Nigeria.
The letter reads, “Since the
charge of false declaration of assets was filed against the Chief Justice of
Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal by the Code
of Conduct Bureau, I have repeatedly requested you to use your good offices to
discontinue the case.
“My request was anchored on the
case of Elelu-Habeeb vs the Attorney-General of the Federation & ORS (2012)
40 WRN 1 where the Supreme Court held that by virtue of section 292 of the
Constitution of Nigeria, the head of any of the judicial arm of state and
federal governments cannot be removed from office without a prior investigation
conducted by the National Judicial Council.
“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.
“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 public 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.”
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