Body of Benchers knocks judges for lacking astute courage to speak
Body of Benchers knocks judges for lacking astute courage to speak

Senior lawyers in the country under the aegis of Body of Senior Advocates of Nigeria on Monday slammed the Court of Appeal for failing to deliver ruling on a suit filed before it by a former Chief Justice of Nigeria, Walter Onnoghen.

The body also said that only few judges in Nigeria had exhibited boldness to decide cases according to the law.

That Onnoghen was on January 25, 2019 suspended from office by the President Muhammadu Buhari over of an ex parte application that was obtained from the Code of Conduct Tribunal and granted by its Chairman, Danladi Umar, on January 23 in a private session.

The Federal Government had accused the former CJN of violating the Code of Conduct Bureau law on assets declaration by public officers.

But during a valedictory Court session in honour of a former Chief Judge of the Federal High Court, Abdul Kafarati, who died in February 2021, the Chairman of BOSAN, Adegboyega Awomolo (SAN), represented by a member, Chris Uche (SAN), said, “The judiciary became a victim of its silence; the Court of Appeal refused to deliver its ruling in the matter for over three months.”

He also relived the circumstances which came before the exit of Onnoghen, including the midnight raid on the homes of Supreme Court and High Court Judges by operatives of the Department of State Services in October 2016.

He said, “Having got away successfully with that, they were emboldened to attempt to the unthinkable that is known today as the Onnoghen saga.

“A sitting Chief Justice of Nigeria was removed from office with a questionable ex-parte order by a chairman of the Code of Conduct Tribunal, and all stood by.”

Awomolo pointed out that there had been systematic efforts to erode the independence of the judiciary by way of intimidation, coercion, arm-twisting, divide-and-rule tactics and outright harassment.”

According to him, in most cases involving the Economic and Financial Crimes Commission, “very few judges are bold enough to decide (matters) according to the law because of the entitlement mentality of the prosecuting agencies.”

He alerted judges of possible interference with electoral matters in the 2023 general elections, advising the judiciary to “guard its independence.”

Uche described the former chief judge as a “courteous judge,” who “had a reputation for listening quietly” to lawyers as they canvass argument.

“It was only in his rulings and judgements that you will see the courage, wisdom and experience of the late jurist”, he said.

The Chief Judge of the Federal High Court, Justice John Tsoho, said, “Justice Kafarati was a revered gentleman, a great family man; a humane, articulate, peaceful and quiet by nature.

“By his demise, death has dealt unfairly with our beloved Justice Abdu-Kafarati.”

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), represented by the acting Director of Civil Appeals at the Federal Ministry of Justice, Tijjani Gazali (SAN), praised the late jurist for his “humility, hard work and excellence.”

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