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Rights activist, Femi Falana (SAN) has urged the
National Judicial Council (NJC) to compel the
suspended Chief Justice of Nigeria (CJN), Justice
Walter Onnoghen to step aside pending the
determination of the case against him.
Falana said his position was informed by NJC’s
precedent, in which it, few years back, directed
judges arrested by security agents and charged to
court, to excused themselves from judicial duties
until their cases were concluded.
He accused the Nigerian Bar Association (NBA) of
engaging in double standard by taking a position
to oppose Onnoghen’s suspension.
Falana argued that it was wrong for the NBA, that
called for the suspension of judges, who were
arrested by security agents in 2016, to now turn
around to insist that a CJN, against who a charge
is pending, should remain in office.
Falana, who was at the High Court of the Federal
Capital Territory (FCT) to attend to a case, in
defiance of the NBA’s directive that lawyers
boycott court, said the directive was ignored by
many lawyers, who turned up in court on
Tuesday.
He said, while he faulted the Executive’s decision
to suspend the CJN on an ex-parte order issued
by the Code of Conduct Tribunal (CCT), he thinks
Onnoghen should resign.
Falana said: “I have a case before court number
26 in the FCT High Court, Abuja. I left Lagos
yesterday to handle my case. My clients are
around. I have a contract with my client, which
supersedes the directive of the NBA.
“I thought the court would sit. But, unfortunately,
we were told the judge is involved in a seminar in
preparation for the sittings of the election
tribunals, which, for me, is a good excuse for not
siting.
“But, on a very serious note, I am not bound by
the resolution of the NBA. I have consistently
maintained my position in this self-inflicted crisis
that we are going through.
“I have condemned the suspension of the Chief
Justice of Nigeria on the basis of an ex-parte
order of the Code of Conduct Tribunal. And, at
the same time, I have also asked that the
suspension be lifted.
“I have also pleaded with the Chief Justice to do
the needful by resigning from office. And I think
there is still an opportunity to do what is needed
to be done.”
On why he chose to attend court on a day the
NBA directed lawyers to shun courts, Falana
argued that with the position he had maintained
on the issue, he could not persuade himself “to
engage in solidarity with criminality.
“The National Judicial Council (NJC) should have
met on the 15th of January, last week’s Tuesday,
and that body would have had the opportunity to
save the legal profession and the country this
colossal embarrassment.
“But the Chief Justice, as Chairman of the NJC, in
his wisdom, decide unilaterally to postpone the
meeting of the NJC indefinitely.
“So, I am happy that some concerned members of
the NJC requisitioned for a meeting of the body
and the body is meeting today. And we are
hoping that, regardless of the boycott of the NBA,
that body will follow its own precedents by asking
the honourable Chief Justice to step aside.
The was what the NJC, in 2016, when a number
of judges were arrested and charged before the
Federal High Court, the NJC rightly decided that
those judges be interdicted on the advice of the
NBA, and they were so interdicted.
This time around, the NBA is busy, mobilizing
lawyers to defend the Chief Justice. And the
picture that I have seen in court, a very sad
picture, reminds me of the trial of Mandela. The
impression is being given that a freedom fighter is
on trial. But, we all know that that is not the case
here.
“We shouldn’t have pushed ourselves to this
embarrassing level that the Chief Justice of our
country is on trial. You would have expected the
NBA leaders to give the appropriate advice in this
case.”
When asked his assessment of the level of
lawyers’ compliance with the NBA’s directive,
Falana said: “You can see that many lawyers are
here in court in defiance of the NBA resolution,
because it is not a popular resolution.
“From information at my disposal, lawyers have
turned up in court all over the country to have
their cases heard.”
On whether those who complied were being
misled, Falana said: “I will not say that.
Everybody has his own freedom. This is a country
of freedom. So, those who want to sit at home
are entitled to their decision. Those of us in court
are also entitled to do so.
This place (the court premises) could not have
been deserted because the NBA has adopted a
resolution, which, from what you have seen, is not
popular with its members.
“In the interest of the legal profession, we must
operate under the rule of law. And that is what
has informed my criticism of the position of the
Federal Government,” Falana said.
source: thenationonlineng.net/falana-urges-njc-ask-onnoghen-step-aside/

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