Opinion
The Oracle: Nigeria’s Dire Need for Restructuring (Pt. 4)
By Chief Mike Ozekhome
INTRODUCTION
This week, we continue our discourse on the urgent need to restructure Nigeria to prevent its avoidable inexorable implosion and breakup through sustained inherent self-contradictions.
Religious divides have created deep rooted enmity between the Northern and the Southern sections of this country. Voters in this nation are swayed by tribal and religious sentiments, rather than by ideology. The elites are the greatest promoters of this national malaise.
It is difficult for Nigeria to make progress in an environment of hostility, belligerence and mutual distrust. This is what the present flawed structure of Nigeria typifies.
Religious differences have been the chief cause of break ups amongst various groups in the world. The North and South Koreans broke up because they practiced different faith; Pakistan carved out from India due to religious differences. Southern and northern Sudan went their different ways caused by religious undertone. The list is endless the world over.
THE REALITY
The reality is that Nigerians are living in a state of despair and as Irish-born British statesman and political philosopher, Edmund Burke (1729 – 1797), puts it, “there is a limit at which forbearance ceases to be a virtue”. The time to discuss Nigeria, the time to restructure Nigeria, is now. Because for Nigerians to have an enduring peace and meaningful progress, there must be a consensus of consciousness amongst our people. Peace cannot be built on exclusion, or marginalization. It will only be peace of the cemetery or grave yard – ethereal, unnatural, eerie.
Nigerians from both sides of the divide are resolute and resilient. Majority of Nigerians wish this country works for the good of all. We all wish we can beat our chest with pride about our dear country, Nigeria: A country that affords everyone an opportunity to grow, irrespective of circumstances of birth, social standing, tribe, religious affiliation, creed, or gender.
Nigerians are interdependent. Each region relies on the other for survival. Recently, the scarcity of tomatoes in the north affected the quality of stew in the southern parts of Nigeria. Many homes in the South western states of Nigeria have faithfuls from two major religions in Nigeria- Christianity and Islam. Each section relies on the other to strike a semblance. Life is about balance. Opposite attracts. The northerners needs the zest of the southerners while the southerners need the chariness of the northerners, to create a compound synergy. The rain and the sun, though ecologically different and opposing, are both helpful and needful for the life of a plant-both giving out oxygen. Differences can be leveraged if properly managed.
Ghanaian educator James Emman Kwegyir Aggrey (1875 – 1927), captured it synchronically when he said,” You can play a tune of sorts on the white keys, and you can play a tune of sorts on the black keys, but for harmony you must use both the black and the white.”
However, with the present unprecedented spate at which Nigerians are expressing displeasure over the way the country is structured, concerned Nigerians are deeply worried about the future of this country. I am one of them.
If the voices of the generality of the masses are not heard logically, some elements may be forced to give voice to their agitations illogically. This is what we are guiding against by the call for an urgent need to restructure Nigeria, as presently constituted. IPOB, the Niger Delta Avengers, Boko Haram, MEND, etc, are examples of elements who may have opted to follow what some regard as illogical part to the solution of restructuring Nigeria. Who knows the next group waiting to emanate? Only an inane man would watch, arms folded, while his home is under flames without making some effort to salvage his personals.
Jeremy Bentham (1748 – 1832) British philosopher, economist, jurist, and social reformer, captured it philosophically,” When security and equality are in conflict, it will not do to hesitate a moment equality must yield.”
There is a clear imbalance in the way the present Nigeria is structured and the only logical way to keep the unity of this nation is by creatively rearranging the present state of things in a way that the wishes and aspirations of generality of Nigerians can be expressed, appreciated, and accommodated. Unity is not forced. It is earned, watered and nurtured.
The present structure of Nigeria was a British machinery used as colonial domination to repress and plunder our people, who were ignorant of their true dubious intentions.
WHAT TO DO
Truth is, if we do not demolish the present colonial structure totally, completely and thoroughly, it would be impossible for us to make progress economically, socially and politically. Historical experience shows that when the people actively participate in the work of establishing their government with awareness of being a main player in the construction of a new nation, the masses of the people can bravely overcome whatever difficulties and obstacles that may arise.
The task before our leaders therefore, is to quickly educate our people, to be fully awakened and to lead them to join hands to restructure this nation. They should be aware of who defends their interest and who harms their interest, irrespective of religious affiliation or tribal sentiments. Two factors used by the political elite to weep up sentiments and hoodwink the masses into following their treacherous ideas. Just like the British elites used the Royal Niger Company as a subterfuge to penetrate our people. Religion, says Karl Marx, is an opium of the masses.
We should therefore do everything to perseveringly publicize and explain to the people the urgent need to restructure this nation and the various roles they are to play.
Karl XIV Johan (1763 – 1844), French-born Swedish general and monarch, referring to the death of Napoleon I, said: “Napoleon has not been conquered by men. He was greater than any of us. God punished him because he relied solely on his own intelligence until that incredible instrument was so strained that it broke.” We need the collective intelligence and wisdom of the masses to recreate Nigeria. Anyone playing the awkward role of redemptive Messianism is simply out of tune with reality.
One of God’s anointed servants and a revered preacher of the word of God, Pastor W.F. Kumuyi, in an interview granted to Daily Sun News Paper, on Tuesday, July 12, 2016, gave us his wise counsel, when asked on his take on the call to restructure Nigeria, “ … I think at this time now we should listen to everybody… put everything on the table and without any selfish interest or ulterior motive, and then as a whole nation we might have a kind of panel , to make a choice on what will move the nation forward and what will keep the nation as an entity. Restructuring should not lead us to a kind of division into fragments where a southerner will have to get visa before he can go to the north and northerners have to get visa before they can come to the south. I don’t think we should come that way. But as we put everything on the table and we dialogue, I believe we will reach the best solution.” Restructuring does not refer to balkanization or dismemberment. It is the exact opposite.
Legal juggernaut and one of the influencers in the legal profession in Nigeria, Chief Wole Olanipekun, SAN, had this to say on the way forward for Nigeria, during an interview at the United States Consul General’s residence in Ikoyi, on the 4th of July, 2016, “everybody is saying we are in a world where we have to discuss. Look at what happened in Britain, that is democracy in action. The centre in Nigeria is overbearing and selfish, that is why states are poor. What we are running now is dictatorship, we are being ruled by force, Nigeria does not belong to a particular individual but to all of us, the more reason why we have to discuss, and it is out of love, out of patriotism that we are saying let us discuss Nigeria…if we don’t do it now our children will have problems in the future.” I agree with my egbon.
Paul K. Feyerabend (1924 – 1994) German philosopher, in his essay “Against Method” puts it succinctly, “Unanimity of opinion may be fitting for a church, for the frightened or greedy victims of some (ancient or modern) myth, or for the weak and willing followers of some tyrant. Variety of opinion is necessary for objective knowledge.”
If we are to make progress as a nation, the confidence of the people must be obtained and one of such ways is to give the people a voice and make the masses part of the remolding process of the country. This is the solution to breaking the vicious cycle of going back and forth as a nation, with no meaningful progress. Or as captured by Vladimir Ilyich Lenin (1870 – 1924), Russian revolutionary leader, “One step forward, two steps back…It happens in the lives of individuals, and it happens in the history of nations and in the development of parties.” Nigerians must take the bull by the horns and break away from this jinx, this fixation, this stereotype.
Nigerians must make conscious sacrifices for the unity of this nation to remain intact. We cannot continue to hold on to old beliefs and attitudes towards one another to the detriment of our nation and expect a new consciousness to develop within our people. We cannot build a unified country with segregated policies and mindsets.
Former Indian Prime Minister Indira Gandhi (1917 – 1984), once said during a press conference in New Delhi, India, “You cannot shake hands with a clenched fist.”
In order to carry out the task of restructuring this country, it is necessary to organizationally unite all people who love this nation, irrespective of status, religious affiliation and ethnic background and bind them as a single rallying force. Winning over the masses and firmly rallying them organizationally is one of the vital forces that can propel the successful cohesion and remolding of Nigeria. (To be continued).
FUN TIMES
There are two sides to every coin. Life itself contains not only the good, but also the bad and the ugly. Let us now explore these.
“A woman sends a Text to Her Husband
Husband, don’t forget to buy BREAD when you come home from work and your girlfriend Valerie greets you.
Huband: Who is Valerie?
Wife: Nobody, I just wanted you to answer, to have confirmation that you saw my text.
Husband: But, I’m with Valerie right now, I thought you saw me?
Wife: What??! Where are you?
Husband: Near the bakery.
Wife: Wait, I’m coming right now!
After 5 minutes, his wife sends a message:
Wife: I’m at the bakery, where are you?
Husband: I’m at work. Now that you’re at the bakery, buy the bread! Thanks”. -Anonymous.
THOUGHT FOR THE WEEK
“The idea is not to restructure the economy as much as to seize the opportunities available that we didn’t address before.” (Mohammad bin Salman).
Opinion
Between J.I.C. Taylor and Contemporary Justice
By Hon Femi Kehinde
There was an interesting anecdote about a group of failed business entrepreneurs who at a meeting to formally dissolve and disengage with their business as a result of the current economy tide, resolved to move into another line of business. One of them instantly suggested that they setup an High Court where they would be selling and granting injunctions through Ex-parte applications at an exorbitant fees. Perhaps to recoup their huge loss. Funny though as it may sound and naively too, it epitomizes a public perception of the Judiciary and perhaps our entire legal system.
It is certainly impossible for a private person to set up a Court, be it inferior or superior Courts of Record. Section 6 of the Nigerian Constitution, certainly abhors their cynical thoughts.
In 1962, Chief Samuel Ladoke Akintola took the matter of his removal as Premier of the Western Region to the High Court under Justice Quarshee-Idun, a Ghanaian, then as the Chief Judge of the Western Region, who rather than listen to the matter and throw the Western Region into further crisis, sent it to the Federal Supreme court for the interpretation of Section 33 (10) of the Western Region Constitution. The Federal Supreme Court interpreted the Section in favor of Akintola and declared his removal null and void.
This piece is certainly dedicated to a Judicial Icon of that era – Justice J.I.C Taylor as a sweet memorabilia.
In Nigeria legal folklore, the name ‘J.I.C’ (John Idowu Conrad) Taylor will ever remain ever green like a constant star, in our juridical firmament.
J.I.C was the fourth child of Eusebius James Alexander Taylor, a famous and successful lawyer, a nationalist who was then referred to as the “Cock of the Bar”, and whose family house was at No. 5 Victoria Street, Lagos, very close to Tinubu Square, which in the Lagos of early days was referred to as the most important street in Lagos – “Ehin Igbeti” or the bulwark of Lagos, but now known as Nnamdi Azikiwe street.
J.I.C’s mother, was Remilekun Alice Taylor (Nee Williams) and was thus, a first cousin, through his mother, to the Late Chief F.R.A Williams, another legal titan and contemporary at the Bar.
J.I.C was born, on the 27th of August, 1917 and died on the 7th of November, 1973 at the age of 56 Years. Within this short span, J.I.C lived a worthy, glorious and exemplary life, that would still remain unmatched and unparalleled in Nigeria’s history of incorruptibility at the bench, judicial independence, strict interpretation of the law, restraint, courage, uncommon judicial boldness and untainted integrity.
J.I.C Taylor, had his early education at the Methodist Boys High School Lagos, before being sent to England by his father, to complete his Secondary School Education at the Culford School, Bury Saint Edmunds, at Suffolk. He thereafter, proceeded to King’s College England in 1936 to read Law, before transferring to Brasenose College, Oxford in 1937, where he made a Second-Class Degree in Jurisprudence. He was subsequently called to the Bar at the middle Temple on the 14th of January, 1941.
Within a space of 15 years, J.I.C Taylor had become one of the great Legal luminaries at the Nigerian Bar, and was prominent in the ranks of Bode Thomas, F.R.A Williams and Fani Kayode, who had formed a law partnership of Thomas, Williams, Fani Kayode & Co (Solicitors), S.L.A Akintola, Chief Chris Ogunbanjo, Michael Odesanya, who had also formed a partnership of Samuel, Chris & Michael (Solicitors) in 1952.
Obafemi Awolowo had also in Ibadan, around this period, formed a law Partnership with Chief Abiodun Akerele, then known as Awolowo, Akerele & Co (Solicitors) in Oke-Ado, Ibadan. In Law practice, Obafemi Awolowo was described then as a terrible cross-examiner.
J.I.C in law practice, was a very resourceful lawyer of impeccable integrity. He was extremely knowledgeable in law and was a delightful personality at the Nigerian Bar. He was blessed with a great command of English Language, which is the potent tool of the legal profession and very eloquent with a diction that was impeccable. He was not given to frivolities or undignified practice.
Like his father, Eusebius, he had a weakness. He was easily provoked and tended therefore to lose control in court whenever he was angry. The Late Chief F.R.A Williams in advocacy with Taylor was always happy to take advantage of this weakness. The Late Fani Kayode too, though a friend to J.I.C, had also taken advantage of this weakness, whilst appearing with J.I.C in some instances, but nevertheless, admitted that he was a meticulous and dogged advocate.
J.I.C Taylor as a seminal figure at the Nigerian Bar had appeared in many “causes celebres” – celebrated cases that have gone down in our legal jurisprudence, as hallmarks. These cases, includes the case of King’s College students, who had demonstrated during the Second World War against the colonial authorities on account of poor administration of their school and also appeared in the Sedition Trial of the Editors to the Daily Commet and the West African Pilot of Dr. Nnamdi Azikiwe, the Sedition Trial of Anthony Enahoro of 1947, the case of Prince Adeyinka Oyekan and Others and Oba Adeniyi Adele in 1952, in which the ownership and legal status of the “Iga Idunganran”, which was the traditional residence of the Oba of Lagos was in question.
He also appeared in the case of Dr. Okechukwu Ikejiani and the African Press Ltd, (publishers of The Tribune Newspaper) In 1953, Zik Enterprises Ltd (Publishers of the West African Pilot) and Others V. The Hon. Obafemi Awolowo in 1955. By way of a little digress, Dr. Okechukwu Ikejiani who was in 1960 made the Chairman, Nigerian Railway Corporation, had earlier been member, Board of the Nigerian Ports Authority (NPA) and Nigerian Coal Corporation, Enugu (NCC) and was also made Pro Chancellor and chairman of the Governing Council of the University of Ibadan. He was then, a close confidant to the Late Dr. Nnamdi Azikiwe and was resident in Ibadan. He had earlier been accused of unbridled nepotism in the appointment of people to the Nigerian Railway Corporation.
Dr. Okechukwu Ikejiani, was a lover of cars and was noted to have had on his stable a car known as “Thunderbird”, perhaps the best of his time, on the streets of Ibadan. He admitted at the Adefarasin Panel, on the affairs of the Nigerian Railway Corporation, late in 1966, that – “I love cars”.
In 1956, at the age of 39, J.I.C Taylor was appointed a Judge of the High Court of the Western Region. In 1960, he was elevated to the Supreme Court and he descended from the Court in 1964 to become the Chief Justice of the High Court of the Federal Territory of Lagos.
When Lagos state was created in 1967 and Brigadier Mobalaji Johnson became its Military Governor, J.I.C Taylor became its first Chief Justice. Whilst in office as the Chief Justice of Lagos State, an incident happened, which stood him out as a very bold, courageous and independent judge. J.I.C Taylor, then Chief Justice of Lagos State, had been invited to a State dinner by the Military Governor of the State- Brigadier Mobolaji Johnson and the invitation was brought by one of the Governor’s aides. Justice Taylor, after reading it, endorsed a brief note to the governor at the back of the invitation card, informing him that he would be unable to attend, because the Lagos State government had several cases pending before him and it would therefore, in the circumstances be most inappropriate for him to honour the invitation. That simple (unprecedented though) act of judicial boldness and courage, best captures the essence of the man- as a man among men, and a judicial icon and oracle.
Perhaps, in other climes, this feat could only have been surpassed, by the great Alfred Thompson Denning- commonly known as Lord Denning, who was an English Lawyer and Judge, with degrees in Mathematics (First Class) and Law in 1920 and 1922 respectively at the Oxford University. He had also, like J.I.C Taylor, descended from the House of Lords, to return to the Court of Appeal, as Master of the Rolls in 1962, a position he held for 20 years. In Denning’s 38 year career as a Judge, he was known as the people’s judge, a judicial activist and a man with a great penchant for justice. Denning in an instance had once said- “unlike my brother Judge here, who is concerned with the Law, I am concerned with Justice.” He died on the 5th of March, 1999, at the ripe old age of 100 years, at the Royal Hampshire County Hospital, Winchester, England.
Another true essence of J.I.C Taylor was displayed when he was made the Pro Chancellor of the University of Lagos, while still serving as the Chief Justice of Lagos State. J.I.C as the Chairman of the Governing Board of the University of Lagos was a hard nut to crack, with a huge principle and unsurpassed integrity. Other members of the Governing Council were Col. (now Maj. General Rtd) Olufemi Olutoye, and now Oba of Ido Ani, in Ondo State, (the Military Member), Mr. (now Chief) S. Ade John (Permanent Secretary, Ministry of Education,) Mallam Nuhu Bayero, Professors- F.O Dosekun, O.J Fagbemi, C.O. Taiwo, A.B Aderibigbe, A. Akinsanya and Mrs. B. Olumide.
According to Professor Saburi Biobaku, then as Vice Chancellor of the University had said of J.I.C- “attending council meetings of those days before the resignation was like going into a battle field” but described him however, “as a brilliant lawyer, a forthright judge, a strict disciplinarian and a stickler for procedure.” As Vice Chancellor, he briefed the then Pro-Chancellor once every week, but would rather wait for him at the office of Mr. R.A Bakare, the then Registrar of the Lagos State High Court, for the briefings. Nobody visits him in chambers.
J.I.C Taylor at the Council meeting of the Governing Council of the University of Lagos, on the 20th of September 1970 tendered his resignation as the Chairman of the Council, due to some inappropriateness, bothering on the interpretation of procedure, with regards to the appointment of persons in the University and ruled that his resignation should not be discussed.
As a judicial conservative, J.I.C Taylor believed in the principle of “lex lata” i.e. what is the strict interpretation of the law, rather than “de lege ferenda”, i.e. what the law ought to be, with a view, to be future law.
Despite a stern and principled life that bordered on asceticism, J.I.C was a sociable, principled, highly urbane, unassuming and cultivated man. Even though reserved and would rather prefer the company of a few select friends, he was a great sportsman and was prominent in the game of cricket between 1947 and 1949. He was a motor racing enthusiast and had a high collection of motor racing cars, including an “Aston Maria”. He was a very skilled ball room dancer and a lover of Juju music of the Late Akanbi Wright, alias Akanbi Ege, I.K Dairo, Adeolu Akinsanya alias Baba Eto and latter day Juju exponents- Ebenezer Obey and King Sunny Ade. J.I.C so much loved the music of Akanbi Ege, that he in fact financially supported him.
In the late 1950s, his only son was struck down by Polio. He was so much affected by this, according to the Late Fatai Williams, a one time Chief Justice of Nigeria, that- “he visited the boy who was then, no more than a toddler, everyday at the University College Hospital in Ibadan. Eventually, he became a recluse and hardly went anywhere”. J.I.C breathed his last to join the saints triumphants on the 7th of November, 1973 at the age of 56 years, while still serving as the Chief Justice of Lagos State.
In this season of anomie, this period of judicial mudslinging and irreverence, where are the likes of Justice John Idowu Conrad Taylor, Justice Kayode Eso, Justice Andrew Otutu Obaseki, Justice Bolarinwa Oyegoke Babalakin, that was a stickler for time, Justice Chukwudifu Oputa, Justice Teslim Olawale Elias, Justice Namman Nasir, Justice Sir Darnley (Omowale ) Alexandra – the Jamaican born Nigerian Chief Justice of the Federation, Justice Idigbe, Justice E.O Morgan, E.A Coker, Fatai Williams, Olumuyiwa Jibowu, J.A Kester, S.O Lambo, Louis Mbanefo, Adetokunbo Ademola, Udo Udoma, Quarshie- Idun- a Ghanaian Chief Justice of the Western Region and a host of other eminent jurists, who had contributed immensely to the development of Nigerian Case Law and jurisprudence, by adapting very admirably the principles of English common law to the Nigerian environment? Uniquely too, Justice Mamman Nasir, elevated to the Supreme Court in 1975, had also descended from the Court in 1978, to become the President of the Court of Appeal until 1992, when he retired.
J.I.C had set a very high ethical standard on the administration of Justice in Nigeria and greatly inspired many Nigerian Lawyers and Judges, who will not be found with the filthy lucre of unexplainable and ill-gotten wealth. The question had always been- where are these ethical standards of the olden days of J.I.C.?
As a parting epitaph on his passage, the then Head of State and Commander in Chief of the Armed forces of Nigeria- General Yakubu Gowon, in November, 1973, had described J.I.C in the following sweet terms- “In an age in which corruption, intrigues, backstabbing and the love of office and power are fast becoming virtues, Justice Taylor stood out from the crowd, with a detachment that has brought immense dignity to the high office of judge”
What a very apt epithet, to our contemporary Justice System and executive lawlessness, as was beautifully decried in the popular case of Ojukwu V. Lagos State Government.
J.I.C Taylor, may your soul continue to Rest in Peace.
Hon. (Barr.) Femi Kehinde. MHR
Legal practitioner and former member House of Representatives, National Assembly, Abuja 1999 – 2003, representing Ayedire/Iwo/Olaoluwa Federal Constituency of Osun State.
Opinion
Onnoghen, Free at Last
By Prof Mike Ozekhome SAN, CON, OFR, LL.D.
“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr). Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019. He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election. Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history. The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence. It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention. The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.
I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar. I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:
“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption. He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.
HOW THE APPEAL COURT ACQUITED ONNOGHEN
The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country. On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019. This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.
I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen. Hear me:
“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC). This oversight, the appellate court argued, rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court. This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly deserve. I had angrily queried:
“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial, wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty. Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge, following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself? If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN. Question, when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary? Who is afraid of Justice Onnoghen and his impartiality and straightforwardness? How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us? Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country? That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).
My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered. My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists. By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.
Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial. As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures. I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:
“It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (14th February, 2019).
The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed. My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.
THE PRECEDENT OF JURISDICTION AND JUDICIAL INDEPENDENCE
Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law, that jurisdiction is the bedrock of any valid legal proceeding. Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution. The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.
“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT. This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation. I had also then warned about the dangers posed whenever these procedural safeguards are disregarded: “The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).
Thus, five years ago (2019), I was nothing short of prophetic. I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga. My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink. I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand. See:
(https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).
My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored. I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.
My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.
Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency. As the Bible says in Psalm 82:3, “Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.” These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.
POLITICAL UNDERTONES AND THE QUEST FOR JUDICIAL AUTONOMY
Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges. Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)
The timing of the charges, as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary. Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).
The Bible, in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.” The acquittal of Justice Onnoghen, in this light, is therefore not just a personal victory but a broader triumph for all who value justice and integrity.
Like I noted then, “Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/). (13th February, 2019).
CONCLUSION
Ultimately, Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.
Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs. It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.
As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.” Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.
Opinion
Masquerade of Excellence: Celebrating Prof Mike Ozekhome’s Remarkable Journey @ 67
By CDS Omon-Irabor Esq
Chief Prof. Dr. Mike A.A. Ozekhome SAN,
the only masquerade that dances in the farm without cutting a single reed of the yam tendrils.
The Gadfly is climbing the 67th rung on the ladder. From the hills of Agenebode down to the plains of the Iviukwe, the celestials, the principalities and the gods of Weppa and Wano Kingdoms are celebrating this colossus, who came in disguise as a little rough village boy; but very comely and handsome, his divine intelligence surpasses those of his peers.
Taking a sudden flight through primary and secondary schools casaded him into the land of Oduduwa. He anchored his life voyage at the ancestral home of the Yorubas, Ile-ife. Here his projenitors believed to have a temporary abode before sending the last born of the Ogisos Ile-ife (I ran and I became rich, Benin translation). Omonoyan (wrongly called Oromiyan) was sent to go to the land of Igodomigodo where today Chief Mike Ozekhome holds the title of Enobakhare of Benin Kingdom.
This great man had all his trappings, equipped himself and became a lawyer, taking abode in the Delphic Oracle (that is what we called the Chambers of Chief Gani Fawehim). There he became the Aristostle, tampering with the Apologia left at the eye of euroba.
He journeyed on, for no destiny, no chance, no faith, nor circumstance could hinder, control or circumvent the firm resolve of a determined soul in Chief Mike Agbedor Abu Ozekhome as epitomised or postulated.
The great learned Senior Advocate of the masses grudges on, defending the most vulnerable and giving voice to the voiceless and muscle to the powerless.
The Okporokpo of Oleh kingdom, Delta State; the Aimotekpe of Okpeland, the Agbamofin of Ijanikinland, Lagos; the Ohamadike1 of Obibi Ochasi, Imo State; the Ada Idaha of Efik land and the great Akpakpa Vighi Vighi of Edo Land, the land of my ancestors, I salute you for it is morning yet.
There is no space here,for my ink is running dry; but before I drop, I remember your words to me while I was in the dock of the Warri High Court on the 12th day of July, 2013, “Omon, you look worried; mind you, those who think that they can cover the shinning sun with their palms will soon find the heat unbearable”.
Those who stopped you from becoming our Governor in 2003 indirectly made you Governor of all Governors.
In all these odyssey you traversed, behind the dìm unknown standeth God, watching over you, His own.
Obokhian, amonghon, iyare iyare, mooooooh.
CDS Omon-Irabor Esq writes from the hill and the cave of Ebudinland
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