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The Charges Against CJN Illegal- Ebun Adegboruwa

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On January 13, 2019, the nation was informed of a pending six count charge against the Honourable Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, before the Code of Conduct Tribunal. It is expected that the CJN will be arraigned on Monday January 14, 2019. The basis of the charge is alleged failure by the CJN to declare his assets.

1. By section 36 (4) of the 1999 Constitution, a citizen who is charged with a criminal offense must be taken to the appropriate forum with the requisite jurisdiction to try the offense, be it a court of law, a tribunal or such other quasi judicial organ.

2. By section 153 (1) (i) & (2) of the 1999 Constitution, the National Judicial Council (NJC) was established for the Federation of Nigeria.

3. By Paragraph 20 (b) of Part 1 of the Third Schedule to the 1999 Constitution, the NJC shall “exercise disciplinary control over” all judicial officers, including the CJN.

4. The NJC being a quasi judicial organ established by the Constitution, it is the appropriate forum to first raise any matter against any judicial officer, including the CJN. Thus, the NJC has exclusive jurisdiction over all judicial officers, including the CJN.

5. By the decision of the Court of Appeal in the case of Nganjiwa v Federal Republic of Nigeria, no criminal charge can be laid against a judicial officer, including the CJN, in any court of law, without first filing such complaint before the NJC.

6. The Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) are both part and parcel of the Federal Republic of Nigeria and are bound by the decision of the Court of Appeal in NGANJIWA V FRN.

7. Under and by virtue of section 287 (2) of the 1999 Constitution, “the decisions of the Court of Appeal shall be enforced in any part of the Federation by all authorities and persons and by courts with subordinate jurisdiction to that of the Court of Appeal.

8. The Code of Conduct Bureau and Code of Conduct Tribunal are both subordinate entities to the Court of Appeal and they are bound to enforce, apply and obey the decision of the Court of Appeal in Nganjiwa v FRN.

9. From the foregoing, the criminal charges filed against the CJN before the Code of Conduct Tribunal are illegal, ultra vires, unconstitutional, null and void and should either be withdrawn forthwith by the Code of Conduct Bureau, discontinued by the Honourable Attorney-General of the Federation by filing a nolle proseque or struck out by the Code of Conduct Tribunal.

10. Under and by virtue of section 36 (5) of the 1999 Constitution, “every person (including the CJN) who is charged with a criminal offense shall be presumed to be innocent until the contrary is proved”.

11. The CJN cannot by virtue of these illegal charges alone, be asked to vacate his office. The Senate President and his Deputy both faced their criminal trials recently and they both participated in and presided over the affairs of the Senate.

12. Whereas no citizen is above the law to be arraigned or charged for any criminal offence, however, the CJN must be accorded his full constitutional rights as guaranteed by the Constitution.

13. In the course of this present administration, judicial officers have been on trial, legislative officers have been on trial, lawyers and many others have been on trial, for one alleged offence or the other, but no member of the Executive arm has been so tried, notwithstanding the myriad of complaints and allegations against them.

14. I therefore appeal for transparency and uniform application of standards, in the prosecution drive of the administration.

15. As we approach the 2019 general elections, I appeal for calm from all and I urge the Executive arm of government to demonstrate unlimited respect for the due process of law always, in order not to heat up the polity unduly, given the current state of affairs of our dear country.

God bless Nigeria.

Ebun-olu Adegboruwa, Esq.
Lekki, Lagos.

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Breaking: Wike Plans to Attend Thursday’s PDP NEC Meeting

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By Eric Elezuo

The immediate past Governor of Rivers State, and Minister of the Federal Capital Territory (FCT), Mr Nyesom Wike, may have concluded plans to attend the much advertised National Executive Council (NEC) meeting of the main opposition party, the Peoples Democratic Party (PDP), billed to hold on Thursday, in Abuja.

Impeccable source, who is in the know, told The Boss that the minister, whose membership of the PDP is yet to be revoked even as he frolicks with the ruling All Progressives Congress (APC), and serving in the President Bola Tinubu government as a minister.

The Source told The Boss that Wike’s impending presence at the NECeeting on Thursday is not unconnected with plans, already hatched with some governors, to weaken the opposition PDP.

“Yes, we have on good authority that FCT minister, Wike is planning to attend the NEC meeting tomorrow all in a bid to weaken the fabrics of the PDP, and pave the way for the continuation of the Tinubu administration come 2027, and by extension, relapse Nigeria to a full blown one party state.

“From every indication, Wike and his co-travellers, are bent on unleashing the same crisis ravaging the third force, Labour Party, and Senator Rabiu Kwankwaso’s Nigerian National People’s Party (NNPP) on the PDP for the APC to remain the only political party in the country, and ensure that Tinubu has no challenger, come 2027,” the Source said.

It would be recalled that Wike has boasted over and again that there’s no opposition against Tinubu’s re-emergence in 2027, and that they have made sure of that. He has been compensated with the Ministerial job after he withdrew support for his party, and supported the APC and Tinubu to emerge as national government.

The Source further revealed that in the attempt to actualize the intended one party  state, a lot of funding is ongoing to ensure that concerned stakeholders are ‘settled’ handsomely.

Wike, prior, during and after the 2023 general elections, has been floating in between the two major political parties; the APC and the PDP. While he claim to still be a member of the PDP, he is functioning as a minister in an APC government, mocking the inability of his party to discipline him.

Political stakeholders have concluded that the outcome of Thursday’s PDP NEC meeting will determine the path Nigeria’s political trajectory will take, and that it may portend the end of multi-party system and political democracy if Wike succeeds in his plan.

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Bribery, Corruption: APC Suspends National Chairman, Ganduje

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The All Progressives Congress ward in Ganduje, Dawakin Tofa Local Government Area, has suspended the party’s National Chairman, Dr. Abdullahi Ganduje.

The party ward legal adviser, Halliru Gwanzo, announced the suspension while addressing newsmen in Kano State on Monday.

Gwanzo cited allegations of bribery against Ganduje levelled by the Kano State Government as the reason for the suspension.

“We decided to suspend Dr. Abdullahi Ganduje from the party due to the seriousness of the allegations against him,” Gwanzo said.

Meanwhile, efforts to contact the Chief Press Secretary to the APC National Chairman, Mr Edwin Olufo, failed as his mobile phone was unreachable.

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Akpabio Commits to Collaboration with Tinubu, Governor Umo Eno

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The President of the Senate, Godswill Akpabio, has stated his commitment to working closely with Nigeria’s President, Asiwaju Bola Ahmed Tinubu, and Governor Umo Eno to ensure the delivery of democratic benefits to the people of Akwa Ibom State.

Akpabio stated this in his country home, Ukana, Essien Udim Local Government Area of Akwa Ibom, while briefing his constituents on the journey so far as their representative in the red chamber.

He assured the people of Akwa Ibom North West Senatorial District of his commitment to their welfare in appreciation of their total support for him, President Bola Tinubu and the ruling All Progressives Congress (APC) in last year’s election.

The Highpoint of the constituency briefing was the distribution of over 10,000 bags of rice and other essentials for his constituents from the wards, to the local governments.

A statement by his Special Assistant on Media, Jackson Udom, quoted Akpabio as saying, “I am here once again, to thank you for standing by me, our President and the party, before, during and even after last year’s elections. I have come to say thank you and also bring Renewed Hope to you all.

“As the President is doing his own, the Senate President is also doing his bit and being complemented by the state governor, Akwa Ibom would be the better for it. We have finished elections and politics, we are now into governance. The governor of the state must touch you, because he is the governor of all the people in the state irrespective of political affiliation.

” As I am touching you now from the political angle, I will also touch the state without any political party affiliation. Most of the projects we are putting in place would be used by people resident in the state. Relax, things are getting better.”

The former Governor of the state, assured his constituents that his current position as the Senate President would be used for the development of the state in collaboration with the President and the Akwa Ibom State Governor.

Hear him: This Senate President is not the one that would be fighting the state government. I will collaborate with , I will collaborate with , to make the state better for us all. We cannot be out of government for a long time. You have to go to a government that carries you along”

Akpabio promised to work for his constituents and Nigeria with all his strength, noting that, “as the President of the Senate, I am for the Southern region and the entire country. I may not come here regularly to tell you what I have been doing for you, but you will be feeling the impact on way or the other. Our unemployed youths would be gainfully employed. I will construct a mini stadium in all the local governments in the district, for our youths to develop their sporting potentials. ”

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