U.S. Lawyer Petitions NJC, Demands Independent Council To Investigate Buhari

Find below a petition filed by a United States-based Attorney, Emmanuel Ogebe, convener of U.S./NIGERIA LAW GROUP, to the National Judicial council [NJC] following the recent suspension of the Chief Judge of Nigeria [CJN], Justice Walter Onnoghen by President Muhammadu Buhari January:

Highlights:

• Buhari worst Nigerian ruler in history in abuse of the judiciary
• Independent Counsel should be appointed to investigate Buhari’s failed bid to influence judges in APC cases

Human Rights lawyer, Barrister Emmanuel Ogebe

Petition to the NJC on Sustained & Systematic Efforts to Destroy the Judiciary & Rule of Law in Nigeria by the Gen. Buhari Administration

My Lords, esteemed learned colleagues and members of the NJC,

I write to draw you attention to certain aspects of the unfolding travesty, sustained assault on the judiciary and hostile takeover and attempted acquisition of the office of the Chief Justice of Nigeria.

The facts are clearly in the public domain and I will reduce my observations to two issues:

1. SYSTEMATIC AND SUSTAINED DESTRUCTION OF THE RULE OF LAW BY ABUSE OF JUDGES

The President Buhari administration has assaulted the judiciary and destroyed the rule of law on a multiplicity of levels too numerous to elaborate.

I will mention only the latest affront as time eludes one to catalogue the serial and flagrant disregard for court orders or the unprecedented and wholesale molestation of judges since 2016

On Friday the government removed a constitutionally appointed head of a co-equal arm of government unconstitutionally and then appointed a new head of the judiciary unconstitutionally usurping both the statutory and constitutional functions of your goodselves and the Senate.

Below are the details of the self-incriminating and deeply indicting recent statements by the president himself admitting to his crass manipulation of the judiciary.

“It is no secret that this government is dissatisfied with the alarming rate in which the Supreme Court of Nigeria under the oversight of Justice Walter Onnoghen has serially set free, persons accused of the most dire acts of corruption, often on mere technicalities, and after quite a number of them have been convicted by the trial and appellate courts.

Chief Justice of Nigeria, CJN, Walter Onnoghen

“Since there is nothing the Executive Arm can do after the apex court of the land has spoken on any matter, several of these individuals walk free among us today, enjoying what are clearly the proceeds of the corruption which for so long has defeated the efforts of this nation to develop and prosper.” – President Muhammadu Buhari January 2019 (on punishing the CJN for not ruling the way he wants.)

Permit me another exhibit:

“Don’t talk even of the US Ambassador (Justice Nsofor.) That one he wrote a minority judgement on my behalf so I paid him back (laughs)”. – President Muhammadu Buhari (on rewarding a judge for ruling the way he wants.)

The sum total of these two confessions made this month are that President Buhari is a vindictive, authoritarian autocrat who punishes judges who do not do his bidding and rewards those who do. His hatred for Chief Justice Onnoghen is predicated on this fact which is “no secret” and not really about asset declaration.

Since he is “dissatisfied” and “there’s nothing the executive arm can do” (collective) he has done the worst which is to get rid of the “problem” Justice. Gen Buhari himself has established his clear personal animus against Chief Justice Walter Onnoghen on the basis of his professional duties as a judge. This fact is overwhelming established.

You will no doubt agree that it is highly unlikely that a corruption prosecution started by this administration would have reached the Supreme Court within 3 years. Justice Onnoghen has only been Chief Justice for less than 2 years.

A review of that time frame shows that the only notable such case would be your administration’s attempted trial, incidentally by the same CCT, of the senate president on asset breaches.

On appeal, Justice Onnoghen upheld the government’s position that the tribunal was duly constituted and remanded the senate president down for trial. President Buhari clearly was not upset at this ruling which favored him against his political opponent.

However when the matter came back on appeal subsequently, the Supreme Court ultimately resolved issues in favor of the senate president. This obviously drew the ire of President Buhari for which now Justice Onnoghen is paying the price by his own admission.

The question then arises, will the NJC join in punishing Chief Justice Onnoghen for ruling unfavorably to Gen Buhari? Should the NJC overlook a clear expectation from Gen Buhari that the CJN was to influence the court to rule in Buhari’s favor?

Is the punishment and rewards of judges system based on their rulings as espoused by Gen Buhari not itself the very essence of corruption?

Do these actions not only amount to manipulation and interference with the judiciary but as a dire warning to intimidate judges to vote pro regime?

The swearing in of a judge singularly handpicked by Gen Buhari and his swearing in of 250 election tribunal judges is troubling in this regard as it sends a message to their Lordships that those who rule for Buhari will be favored and those who don’t will be persecuted.

In the profession we have what is called “forum shopping” or “jury shopping.” This administration has introduced “Jurist shopping and dropping.”

President Buhari’s implicating remarks are very clear and explain why a cantankerous 84 year old retired judge rejected by the senate and before that the Supreme Court was foisted on the top diplomatic position in the world and more so why Justice Tanko Mohammed has been procured by the APC Government.

It should be noted that this is a continuing and sustained pattern of abuse by Gen Buhari who 35 years ago appointed military offers to try civilians in tribunals leading to a boycott by the NBA. Gen Buhari subsequently rewarded the judges that agreed to sit on his draconian tribunals with premature elevation.

Today Gen Buhari continues this trend making him the worst ruler of Nigeria in relation to the judiciary.

The time to stop this is now.

2. BRAZEN FORGERY & ABUSE OF COURT PROCESS BY EXECUTION OF FAKE JUDGMENT

The Buhari administration perpetrated a hoax on the nation and our democracy and profession by executing a fake judgment to wit:

– The president executed the judgment of a court that did not sit;

– enforcing a prayer on a motion never moved;

– implementing a relief of suspension that was never ordered

– on a party who was never served said order.

For avoidance of doubt, the court orders that truncated the June 12, 1993 elections and precipitated national crisis were actually obtained in court sittings even if “candlelight” sessions at ungodly hours.

General Buhari’s Tribunal order is even worse as there was no known sitting but mere fabrication by a “ghost court” session which is alien to our jurisprudence and jurisdiction.

Nothing can be based on such an obvious fraud and everyone involved by commission or omission, complicity or complacency, aiding and abetting, before and after the fact must be held to account.

It is respectfully submitted that:

1. the court order is nothing of such but a fraud from a farce. It does not even qualify to deserve repudiation. True an order of a court is valid until overturned but this was not a valid order of a court as no court sat for this purpose.

The court was rendered functus officio upon its adjournment. Anything done thereafter is extra-judicial witchcraft and we are not bound by same. Indeed it is contended that nothing in fact transpired after that but illegality.

To give such an apparent forgery any credence will be to render the rule of law vulnerable to outlandish fabrications of all sorts that could destroy the polity. We must not allow “fake judgments” in an era of “fake news.”

2. Further to that, that the ruling of a superior court stopped any further action pursuant to the trial at the CCT.
3. That the senate has not sat or voted on this issue nor has the NJC per the constitution
4. In view of the foregoing exercise in brazen criminality and fraud, I wish to ask that you refer the lawyers in this administration and the members of the Tribunal including the perpetrators of the faux court order for investigation and disciplinary action once established.
5. In view of preceding reports from justices that they were approached by a serving minister and principal campaign promoter of Gen Buhari that he had sent him to ask the Supreme Court to rule in favor of APC in several Gubernatorial matters whereupon the justices where then arrested, I urge that an Independent Counsel be appointed to investigate these serious allegations.
6. I urge you to resolve a situation where we have an NJC appointed CJN and an APC appointed one. As it is, today we now have a Chief Justice of Nigeria (CJN) and a Chief Justice of Buhari (CJB.)

I thank you for your kind attention.

Emmanuel Ogebe, ESQ

US NIGERIA LAW GROUP

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