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Anti-bribery and corruption group, Socio-Economic Rights and Accountability Project (SERAP), has advised President Muhammadu Buhari to direct the Attorney General of the Federation (AGF) to withdraw the charges filed against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, before the Code of Conduct Tribunal (CCT).
The group said after withdrawing the charges from the CCT, the AGF should then file a petition against the CJN before the National Judicial Council.
The Code of Conduct Bureau (CCB) accused the CJN of failing to fully disclose all his assets as required by law.
SERAP, in a statement on Monday by its Senior Legal Adviser, Bamisope Adeyanju, said it believed that the laws on asset declaration by public officers should be enforced to the letters, but urged the Federal Government to follow due process in Justice Onnoghen’s case.
SERAP advised that after submitting a petition to the NJC, Justice Onnoghen, who is the body’s current chairman, should be asked to recuse himself while other members of the NJC investigate the petition.
It said, “The bringing of this case against Justice Onnoghen before the Code of Conduct Tribunal would appear to have fallen below the minimum procedural standards of legal justice, which in turn would affect the quality of justice he receives.
“Due process rights should not be curtailed in the interest of expediting enforcement of asset declaration provisions. The authorities have the responsibility to ensure fair treatment of judges or others who face these kinds of charges that may ultimately lead to deprivation of liberty.
“Preventing the NJC to first hear the allegations against Justice Onnoghen would deny him his constitutionally and internationally recognised right to a fair hearing and lead to the matter being unnecessary politicised.”
The group said after withdrawing the charges from the CCT, the AGF should then file a petition against the CJN before the National Judicial Council.
The Code of Conduct Bureau (CCB) accused the CJN of failing to fully disclose all his assets as required by law.
SERAP, in a statement on Monday by its Senior Legal Adviser, Bamisope Adeyanju, said it believed that the laws on asset declaration by public officers should be enforced to the letters, but urged the Federal Government to follow due process in Justice Onnoghen’s case.
SERAP advised that after submitting a petition to the NJC, Justice Onnoghen, who is the body’s current chairman, should be asked to recuse himself while other members of the NJC investigate the petition.
It said, “The bringing of this case against Justice Onnoghen before the Code of Conduct Tribunal would appear to have fallen below the minimum procedural standards of legal justice, which in turn would affect the quality of justice he receives.
“Due process rights should not be curtailed in the interest of expediting enforcement of asset declaration provisions. The authorities have the responsibility to ensure fair treatment of judges or others who face these kinds of charges that may ultimately lead to deprivation of liberty.
“Preventing the NJC to first hear the allegations against Justice Onnoghen would deny him his constitutionally and internationally recognised right to a fair hearing and lead to the matter being unnecessary politicised.”
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