Justice Walter Onnoghen – A Call For Due Process
The trial of the Chief Justice of Nigeria, CJN Walter Onnoghen over the allegation of false assets declaration have been greeted with many reactions in favor and against. Many have tagged it politically motivated while others see it as a clamp down on the judiciary.
Ordinarily a polity that have been over heated do not get my attention but I must state here that justice cannot be served by resorting to patent illegalities as we are seeing in the case.
No one has ever supported corrupt practice nor will I support misconduct for any reason. The key issue here is for due process to be followed at every point in time.
Legal Comments
Nganjiwa vs Federal Republic of Nigeria (2017) LPELR-43391(CA) is clear precedent on the matter at hand as it clearly shows that any misconduct attached to the office and functions of a judicial officer, should be reported to the NJC.
Sections 123 and 124 of the Administration of Criminal justice Act, ACJA, 2015 is also clear on the issue of a matter to should be served personally to the defendant he/she will also be given equally afforded adequate time and facility to prepare his defense.
The case of Onnoghen was served to one of his assistant.
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If the speedy trial of Justice Walter Onnoghen was also used on Babachir Lawal and others alleged corrupt men and women associated with the executives perhaps many critic of the executives will have no ground against the executive on the issue.
Many have also raised the issue of the moral right of Mr. Danladi Yakubu Umar to preside over Justice Walter Onnoghen’s case with the corruption case dangling over his head.
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Recall that on February 2, 2018, the Economic and Financial Crime Commission (EFCC), through a private lawyer, Mr. Festus Keyamo (SAN ), who is now the official spokesperson of the ruling All Progressives Congress (APC), filed bribery charges against the Code of Conduct Tribunal (CCT) chairman, Mr. Danladi Umar, before the High Court of the Federal Capital Territory, Abuja.
Conclusion
The sudden fear of Justice Walter Onnoghen who was among the three members who spoke differently among the members of 2007 presidential election tribunal in favor of President Muhammadu Buhari who was then referred to as General Buhari.
The likes of Justice George Oguntade was rewarded with ambassadorial position while the appointment of Justice Walter Onnoghen was delayed by PMB.
Onnoghen no doubt might be guilty but it is of great importance for due process to always be followed as it will prevent raising dust unnecessarily.
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