Onoghen: The Correct Legal Position
Michael O. Dedon Thanks for unearthing this gem.
Prince [Prof.] Ifagbemi Awamaridi, Esq. wrote:*_
*Onnoghen: Clarifying the facts in Issue*
Juxtaposing Salami's (President of the Appeal court) case to that of the CJN is a fallacy of interpolation.
...Unrelated cases, different class of people, different constitutional protection, different powers, and different procedures for removal.
We should know the position of law at every stage of the issue. ....How one leads to the other.
Try to Read the CCB act.
If you don't declare all your assets while filling the forms, CCB is mandated to write you about the omission/s which you are to respond to, giving reasons for the omitted assets. If you accept that the omitted assets are yours and include them in the form, you are free from any prosecutions by CCT.
But if those assets are denied and are proven to be yours, and have been corruptly acquired then you have a case to answer at the CCT.
In this case Onnoghen received letter from CCB and did the needful by writing CCB back that he owned the stipulated assets and joined them on his declaration form.
Buhari took that up for prosecution at CCT but knowing fully well that it's a case in futility
Buhari chose to propagandize with media prosecution to campaign that the CJN should resign. Buhari wants the country to see CJN as corrupt while he executed the coup against the judiciary.
CCT is under the control of the executive arm of government, while its chairman is facing corrupt charges, but the president didn't suspend him.
CCT heard the case, but the jurisdiction of CCT was challenged. Umar danladi, the Judge, adjourned the hearing from 21st January to the 28th January and later *"gifted" an order on a motion that wasn't presented before him or heard from any counsel* .
That's injury to justice!
The order wasn't served on the CJN yet, nor was he allowed to respond to it.... either to step down or challenge it in court.
But Buhari hastily pronounced the suspension of the CJN and swore in an acting CJN.
This is alien to the law.
The CJN is the Head of the Judiciary and can't be suspended or removed by the President under any guise without due process.
If a criminal allegation is made against the President will he just resign? ...Without defence?
The CJN has not admitted he did anything wrong as being claimed by Buhari, regarding his response to CCB.
Can the Senate President be unilaterally suspended by the President?
The Principle of Separation of Powers is very clear and unambiguous on the Powers of the 3 arms of Government, viz, Executive, Judiciary & Legislature.
It seems *"Buhari is dancing naked at the market square, and instead of his handlers to call the Psychiatrist, they are intensifying the music".*
Ena Ofugara
