By Lekan Sote, if the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, forgot to complete the statutory Code of Conduct forms, then he should not have the responsibility to administer the judicial arm of government, which interprets Nigeria’s laws, and even deliver death sentences.
He reportedly claimed, “I forgot to make a declaration of my assets after the expiration of my assets 2005 declaration in 2009. Following my appointment as the CJN in 2016, the need to declare my assets anew made me realise my mistake.”
He adds, “I then did the declaration to cover the period in default. (But) I did not include my Standard Chartered Bank accounts… because I believe they were not yet opened.” He could have called his account officer.
He added, “I did not make a fresh declaration of assets after my substantive appointment because I was under the impression that my SCN 00015 was to cover that period of four years, which includes my term as the CJN.”
Reports claim that Onnoghen confirmed that “Knowing that whatever I write or state may be tendered against me as evidence in court, I… volunteer to state that the statement was not taken from me under duress, but after the ministering officer has explained and made known the details of the allegations against me.”
This is without prejudice to the Miranda Rule, where “the defendant may waive effectuation of (the) rights (to remain silent under interrogation), provided the waiver is made voluntarily, knowingly, and intelligently.”
A legal opinion pointedly declares that “statements and evidence obtained in violation of (the Miranda Rule) are not admissible in the defendant’s trial.” This opposes the maxim, “volenti non fit injuria,” or “the volunteer suffers no wrong; no legal wrong is done to him who (voluntarily) consents.”
If he lied about forgetting to disclose his bank accounts, that is perjury, “a criminal offence of making false statement under oath… In some jurisdictions, any false oath in a legal instrument or legal setting is perjury, even if it is not material, and even though it is not presented in a judicial proceeding.”
The charge against Onnoghen alleges “flagrant violations of the law and the constitution of Nigeria… by the Honourable Mr. Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria… in suspected financial crimes and breaches of the Code of Conduct Bureau and Tribunal Act.
“His Lordship Justice… is the owner of sundry accounts primarily funded through cash deposits made by himself, up to as recently as 10th August 2016 which appear to have been run in a manner inconsistent with financial transparency and the Code of Conduct for public officials…
“(He) did not declare his assets immediately after taking office, contrary to Section 15 (1) of Code of Conduct Bureau and Tribunal Act; (and) did not comply with the constitutional requirement for public servants to declare their assets every four years during their career;
“The Code of Conduct Bureau Forms of (CJN) Onnoghen for 2014 and 2016 were dated and filed on the same day, 14th December 2016… at which point Justice Onnoghen had become the Chief Justice of Nigeria…
“The discrepancy between (CJN) Onnoghen’s two CCB forms… filed on the same day is significant; in filling the section on Details of Assets, particularly cash, in Nigerian banks, His Lordship as Declarant SCN: 000014 mentioned only two bank accounts…
“The sources of the funds in these accounts are stated as salaries, estacodes, and allowances. As Declarant of SCN: 000015, His Lordship however lists seven bank accounts, (five with Standard Chartered Bank, and two with Union Bank of Nigeria):
“Prior to 2016, His Lordship appears to have suppressed or otherwise concealed the existence of these multiple domiciliary accounts owned by him, as well as the substantial cash balances in them… (and) may (therefore) have committed a breach of the provisions of the Code of Conduct Bureau Act as follows:
“Non-declaration of assets immediately after taking office in several capacities prior to becoming the Chief Justice of Nigeria… after taking office as the Chief Justice of Nigeria… (and) throughout his career as a federal judicial officer (all) contrary to section 15 of the Code of Conduct Bureau Act;
And “False declaration of assets, and in particular, concealment of significant and declarable assets in the form of sundry bank accounts and the balances therein, contrary to Section 15 of the Code of Conduct Bureau Act.”
Section 11 of The Fifth Schedule of the Constitution requires “every public officer… immediately after taking office and… every four years or at the end of his term of office, (shall) submit to the Code of Conduct a written declaration of all his properties, assets, and liabilities, and those of his unmarried children under the age of eighteen years.”
“Any statement in such declaration… found to be false by any authority or person authorised… shall be deemed to be a breach of this code. Any property or assets acquired by a public officer after any declaration under this Constitution, and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”
Section 12 adds: “Any allegation that a public officer has committed a breach, or has not complied with the provisions of this Code shall be made to the Code of Conduct Tribunal.” If Justice Onnoghen amassed wealth beyond his legitimate earnings, and serially failed to declare his assets at every relevant point in his career, he probably profaned the temple of justice.
He must answer to the court of public opinion on the submissions of the legendary Lord Alfred Denning’s admonition “that a judge should in his own character be beyond reproach… (and)… not himself be a breaker of the law,”
Section 21(b) of the Third Schedule provides: “The National Judicial Council shall have power to recommend the removal from office of judicial officers (including the CJN), to exercise disciplinary control over such officers.” Unfortunately, President Muhammadu Buhari suspended the CJN Onnoghen without the NJC’s recommendation.
Whereas Section 18(1,2) of the Fifth Schedule prescribes “seizure and forfeiture to the State of any property acquired in abuse or corruption of office,” it did not require the CCT or the CCB to refer discipline of judicial officers to the NJC. President Buhari took advantage of that lacuna, to invoke a “doctrine of necessity” to suspend Onnoghen.
However, Section 174(1) (a) of the Constitution empowers the Attorney-General of the Federation “to institute and undertake criminal proceedings against any person (must include even judicial officers, presumably)… in respect of any offence created by, or under, any Act of the National Assembly.”
That the President railroaded Onnoghen in anticipation of favourable judiciary ahead of the general election impugns the character of the acting CJN, Tanko Muhammad, whom the Nigerian Bar Association thinks was not constitutionally appointed.
While suggesting that “Government should… lift the suspension on the (CJN)… (who) should (then) do the needful by quitting,” Attorney Femi Falana adds that government should withdraw the case against the CJN because a public officer cannot be removed merely on an ex parte order of a court or tribunal. Both should heed Falana’s advice.
It’s instructive that the NBA that attempted to boycott court sitting, is now seeking a favourable exit plan for Onnoghen who probably walked into a trapdoor.
–Twitter @lekansote1
He reportedly claimed, “I forgot to make a declaration of my assets after the expiration of my assets 2005 declaration in 2009. Following my appointment as the CJN in 2016, the need to declare my assets anew made me realise my mistake.”
He adds, “I then did the declaration to cover the period in default. (But) I did not include my Standard Chartered Bank accounts… because I believe they were not yet opened.” He could have called his account officer.
He added, “I did not make a fresh declaration of assets after my substantive appointment because I was under the impression that my SCN 00015 was to cover that period of four years, which includes my term as the CJN.”
Reports claim that Onnoghen confirmed that “Knowing that whatever I write or state may be tendered against me as evidence in court, I… volunteer to state that the statement was not taken from me under duress, but after the ministering officer has explained and made known the details of the allegations against me.”
This is without prejudice to the Miranda Rule, where “the defendant may waive effectuation of (the) rights (to remain silent under interrogation), provided the waiver is made voluntarily, knowingly, and intelligently.”
A legal opinion pointedly declares that “statements and evidence obtained in violation of (the Miranda Rule) are not admissible in the defendant’s trial.” This opposes the maxim, “volenti non fit injuria,” or “the volunteer suffers no wrong; no legal wrong is done to him who (voluntarily) consents.”
If he lied about forgetting to disclose his bank accounts, that is perjury, “a criminal offence of making false statement under oath… In some jurisdictions, any false oath in a legal instrument or legal setting is perjury, even if it is not material, and even though it is not presented in a judicial proceeding.”
The charge against Onnoghen alleges “flagrant violations of the law and the constitution of Nigeria… by the Honourable Mr. Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria… in suspected financial crimes and breaches of the Code of Conduct Bureau and Tribunal Act.
“His Lordship Justice… is the owner of sundry accounts primarily funded through cash deposits made by himself, up to as recently as 10th August 2016 which appear to have been run in a manner inconsistent with financial transparency and the Code of Conduct for public officials…
“(He) did not declare his assets immediately after taking office, contrary to Section 15 (1) of Code of Conduct Bureau and Tribunal Act; (and) did not comply with the constitutional requirement for public servants to declare their assets every four years during their career;
“The Code of Conduct Bureau Forms of (CJN) Onnoghen for 2014 and 2016 were dated and filed on the same day, 14th December 2016… at which point Justice Onnoghen had become the Chief Justice of Nigeria…
“The discrepancy between (CJN) Onnoghen’s two CCB forms… filed on the same day is significant; in filling the section on Details of Assets, particularly cash, in Nigerian banks, His Lordship as Declarant SCN: 000014 mentioned only two bank accounts…
“The sources of the funds in these accounts are stated as salaries, estacodes, and allowances. As Declarant of SCN: 000015, His Lordship however lists seven bank accounts, (five with Standard Chartered Bank, and two with Union Bank of Nigeria):
“Prior to 2016, His Lordship appears to have suppressed or otherwise concealed the existence of these multiple domiciliary accounts owned by him, as well as the substantial cash balances in them… (and) may (therefore) have committed a breach of the provisions of the Code of Conduct Bureau Act as follows:
“Non-declaration of assets immediately after taking office in several capacities prior to becoming the Chief Justice of Nigeria… after taking office as the Chief Justice of Nigeria… (and) throughout his career as a federal judicial officer (all) contrary to section 15 of the Code of Conduct Bureau Act;
And “False declaration of assets, and in particular, concealment of significant and declarable assets in the form of sundry bank accounts and the balances therein, contrary to Section 15 of the Code of Conduct Bureau Act.”
Section 11 of The Fifth Schedule of the Constitution requires “every public officer… immediately after taking office and… every four years or at the end of his term of office, (shall) submit to the Code of Conduct a written declaration of all his properties, assets, and liabilities, and those of his unmarried children under the age of eighteen years.”
“Any statement in such declaration… found to be false by any authority or person authorised… shall be deemed to be a breach of this code. Any property or assets acquired by a public officer after any declaration under this Constitution, and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”
Section 12 adds: “Any allegation that a public officer has committed a breach, or has not complied with the provisions of this Code shall be made to the Code of Conduct Tribunal.” If Justice Onnoghen amassed wealth beyond his legitimate earnings, and serially failed to declare his assets at every relevant point in his career, he probably profaned the temple of justice.
He must answer to the court of public opinion on the submissions of the legendary Lord Alfred Denning’s admonition “that a judge should in his own character be beyond reproach… (and)… not himself be a breaker of the law,”
Section 21(b) of the Third Schedule provides: “The National Judicial Council shall have power to recommend the removal from office of judicial officers (including the CJN), to exercise disciplinary control over such officers.” Unfortunately, President Muhammadu Buhari suspended the CJN Onnoghen without the NJC’s recommendation.
Whereas Section 18(1,2) of the Fifth Schedule prescribes “seizure and forfeiture to the State of any property acquired in abuse or corruption of office,” it did not require the CCT or the CCB to refer discipline of judicial officers to the NJC. President Buhari took advantage of that lacuna, to invoke a “doctrine of necessity” to suspend Onnoghen.
However, Section 174(1) (a) of the Constitution empowers the Attorney-General of the Federation “to institute and undertake criminal proceedings against any person (must include even judicial officers, presumably)… in respect of any offence created by, or under, any Act of the National Assembly.”
That the President railroaded Onnoghen in anticipation of favourable judiciary ahead of the general election impugns the character of the acting CJN, Tanko Muhammad, whom the Nigerian Bar Association thinks was not constitutionally appointed.
While suggesting that “Government should… lift the suspension on the (CJN)… (who) should (then) do the needful by quitting,” Attorney Femi Falana adds that government should withdraw the case against the CJN because a public officer cannot be removed merely on an ex parte order of a court or tribunal. Both should heed Falana’s advice.
It’s instructive that the NBA that attempted to boycott court sitting, is now seeking a favourable exit plan for Onnoghen who probably walked into a trapdoor.
–Twitter @lekansote1
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