Elder statesman and leader of the Pan-Niger Delta Forum, Chief Edwin Clark, has expressed his satisfaction with the acquittal of former Chief Justice of Nigeria, Justice Walter Onnoghen, on charges of false asset declaration.
The commendation was directed towards the current CJN, Justice Kudirat Kekere-Ekun, through an open letter dated November 24, 2024.
In the letter, Clark hailed the ruling of the Court of Appeal as a landmark decision, signifying a “new dawn” in Nigeria’s judiciary under Justice Kekere-Ekun’s leadership. Referring to her appointment, he remarked, “It is a heart-filled with joy I write to congratulate you again on your well-deserved appointment as the Chief Justice of Nigeria. This no doubt, is as a result of your total commitment, dedication and loyalty to your country.”
The Case Against Justice Onnoghen
Justice Walter Onnoghen’s legal troubles began in January 2019 when, 29 days before the presidential election, then-President Muhammadu Buhari suspended him as CJN and replaced him with Justice Tanko Muhammad. Onnoghen faced allegations of failing to declare his assets as required by law, and the Code of Conduct Tribunal convicted him on a six-count corruption charge.
According to Clark, Onnoghen’s removal was politically motivated. He alleged a conspiracy between President Buhari and then-Attorney General Abubakar Malami, stating: “If Justice Onnoghen was to remain the CJN, the mess and mischievous things they wanted to carry out during the Presidential election in 2019, Justice Onnoghen would not accept it, and the best thing was to remove him. This was the secret plan.”
Earlier this month, a three-member panel of the Court of Appeal, led by Justice Mohammed Bello, acquitted Onnoghen. The decision followed a settlement agreement between the former CJN and the federal government, marking the end of a six-year legal battle.
A Scathing Critique of Buhari’s Administration
Clark’s letter provided an in-depth critique of the events leading to Onnoghen’s suspension. He described the episode as “disgraceful, callous, unjust and barbaric,” adding: “Instead of the President of Nigeria who swore to an oath of office that he would maintain security and welfare of Nigerians, he stooped so low to humiliate a fellow Nigerian because he wanted to be president of Nigeria at all costs for a second term.”
The elder statesman further criticised Buhari’s administration for undermining the judiciary, stating, “To humiliate a whole Chief Justice of Nigeria, another tier of government, must be condemned and in fact brought to trial in the law court for this unpatriotic act.”
Clark highlighted the constitutional violations during Onnoghen’s suspension, pointing out that the 1999 Constitution mandates the joint approval of the National Judicial Council, the President, and the Senate for such actions. He noted that these provisions were ignored, leaving the judiciary vulnerable to executive interference.
A Tribute to Justice Kekere-Ekun
In the letter, titled A New Dawn in the Judiciary, Clark praised Justice Kekere-Ekun’s efforts to restore the integrity of the judiciary. He recounted her contributions to fighting corruption during her time in the Court of Appeal, Kano Division, stating: “You were one of those judges who did everything to clear corruption from the body politic of Kano State.”
Clark also commended her swift action since assuming office as CJN, saying, “Many Nigerians have congratulated you for starting the serious and genuine clean-up of the Nigerian judiciary, including all its associates, because you believe it has been your home for years. You must clean it up, and Nigerians are behind you.”
Reflections on Nigeria’s Judicial and Political Landscape
In a reflective tone, Clark called for greater accountability in Nigeria’s governance, referencing international leaders like Israel’s Prime Minister Benjamin Netanyahu and Russia’s President Vladimir Putin, who face legal scrutiny despite their positions. He stated, “There is no one who is above the law in his own country. A president of a country is just one of the ordinary members in the country, but once elected, enjoys immunity. There is nowhere therefore in the constitution or any legal document where it is stated that immunity is for life.”
The elder statesman concluded with a call to the current administration, urging President Bola Tinubu to uphold justice and ensure that “sacred cows” no longer exist in Nigeria. He expressed hope that the judiciary under Justice Kekere-Ekun would continue to serve as a beacon of fairness and integrity in the country.
Clark’s detailed reflections and critique underscore the significance of Justice Onnoghen’s acquittal as a turning point in Nigeria’s legal history and a potential harbinger of reforms in the judiciary.
“The President, during the swearing-in of the acting CJN, said he was served an order of the Code of Conduct Tribunal calling for the suspension of Onnoghen from office pending the final determination of his false assets declaration case before the tribunal.
He had the guts and temerity to conclude his formal address to Nigerians by saying, “Fellow Nigerians, we can only stand a chance to win the fight against corruption, and position our dear nation for accelerated development when we stand together to contend against it”.
The Code of Conduct Tribunal convicted Justice Walter Onnoghen of charges of breach of the Code of Conduct for Public Officers and ordered his removal from office as the Chief Justice of Nigeria.
The three-man tribunal led by Danladi Umar also ordered Onnoghen’s removal as the Chairman of both the National Judicial Council and the Federal Judicial Service Commission.
It banned him from holding any public office for a period of 10 years.
“Convicting the erstwhile CJN on all the six counts, the tribunal chairman, who read the judgment, said, “Having regard to section 23(2) of the Code of Conduct Tribunal and Bureau Act, the defendant has clearly contravened the Code of Conduct for Public Officers and he is hereby convicted.”
“I was so disturbed, I became restless to the extent that I mobilized youths to demonstrate at the court and I remembered amongst the lawyers that came to my house was Hon Ikenga Ugochinyere, then a young lawyer but the Nigerian Bar Association shamefully was nowhere to be found. The Senior Advocates of Nigeria who form the inner Bar behaved worse than the outer Bar. The President of the Nigerian Bar Association Mr Paul Usoro SAN, an indigene of Akwa Ibom State, a state that was part of Cross River State – he and the then CJN were members of the Bar in Cross River State but unfortunately, he hasn’t got the guts and courage to lead a vibrant Bar Association. I called him and confronted him for not speaking up. I asked him that ‘is it because he was facing a criminal charge at the High Court in Uyo that he sacrificed the overall interest of the NBA and Nigerians?
“A coalition of civil society groups described the trial and conviction of Onnoghen as an assault on the judiciary by the executive. The groups comprising the Coalition in Defence of Nigerian Democracy and Constitution, Concerned Nigerians, Free Nigeria Movement and Mad Connect, said in a statement on Thursday, 18th April, 2019 that the judiciary had never been assaulted as it was under the Buhari administration.
“I am therefore very happy to have read that both the judiciary, particularly the Court of Appeal and the former CJN, Justice Walter Onnoghen have come to an amicable settlement and I wholeheartedly congratulate him for passing out the ordeal he was subjected to by the former President and I pray God will protect him and for him to always have the courage to fight for his right because Nigeria belongs to all of us and we are all equal citizens.
Thank you and God bless.”
