Adegboyega Awomolo SAN, Defence counsel to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, Monday accused the Code of Conduct Tribunal (CCT) of functioning without independence, impartiality and non-interference.
Awomolo also alleged that framers of the 1999 constitution as amended, created an omission that unfairly placed on the Executive arm of government the power of being the sole custodian of the Code of Conduct for public officers and enforcers of the code of Conduct through the tribunal.
Onnoghen’s defence counsel added, “In the proceedings in the tribunal, the executive is the accuser, the investigator, prosecutor, the witness and the judge, all rolled together into one.
“This is unacceptable under the constitution that guarantees independence of the 3 arms of government.
He also lamented what he called ‘the silence of Nigerian Judges’ in Onnoghen’s trial and injustices being meted out to the CJN.
“There is no association of Nigerian Judges to speak a word.
“Let no public officers or Judicial officer at any level, throw stones because if not all, most are guilty as Onnoghen.
“Nobody knows who is next, a precedent has been laid. The honourable Attorney-General of the Federation seems pleased.
“The Bar association has by reason of personal leadership ambition rendered ineffective, divided and weak.
“It is unable to speak boldly to secure the independence of the judiciary. Elders of the Bar and men of good will should rise from their deep sleep.
”People, who must sit in judgment over others, must be men and women of character, learning and maturity.
“The mental status and background of such judges must be certified approved”.
Besides, Awomolo called for an urgent need for constitutional reform where the said anomalies should be addressed.
The defence counsel said, by the reform, CCT must have courts established in each of the geopolitical zones of the country. On this premise, he argued that monopoly has the ability to breed corruption, arrogance, disregard for the due process and partiality.
Also, worried Awomolo affirmed, “Code of Conduct should be a full member or part of the judiciary under section 6 of the 1999 constitution as amended.
Further, the defence counsel in a press statement said, “Whatever may be the judgment of the tribunal shall soon pass and become part of our history.
“So much lessons have been learnt in the nine appearances I had at the tribunal.
“First, this case, in my view is one of a landmark and one that defines our moment as a country in our forward match in a constitutional democracy.
“I see Hon. Justice Onnoghen as the hero of the whole episode. From the moment the case was filed on January 11, 2019 to January 14, when he was formally arraigned and as strange events happened at the tribunal, he remained composed notwithstanding the lies, propaganda and social media conviction that attracted so much scandal, threat, serious health afflictions, humiliation and unthinkable events of our time.
“He maintained his Judicial comportment, showing himself as a man of truth with a strong faith in due process and rule of law and the ultimate justice.
“He displayed exemplary christlike character”.
Awomolo affirmed that his lesson from the ongoing Onnoghen’s trial showed that Nigerian judiciary was weak, vulnerable and not Independent.
In his words, “The 3rd lesson is that the case has clearly shown that Nigerian judiciary is very weak, vulnerable and not independent.
“The security of tenure of a Judicial Officer is a mere wishful thinking.
“It is unthinkable that the head of the judiciary will be treated the way Onnoghen was treated and not a whimper came from the body of men and women of highest distinction in the legal profession.
“Is it not dangerous that the president can appoint a Chief Justice without the recommendation of the National Judicial Council, NJC?
“Whereas political matters and election matters were treated with dispatch, and judgment delivered within hours, the appeal of the Chief Justice of Nigeria, six weeks after argument was ordered to be kept away in the file.
“I share the view that corruption is evil, destructive, stunt societal and human growth and diminish the core value of the people.
“Corruption cannot be fought successfully with corrupt institutions and corrupt procedure. It is an injustice to inflict corrupt procedure on innocent public officers.
“God will not allow corruption to consume our nation. The end should not justify the means but the means should justify the end”.