Body of SAN knocks Appeal Court for refusing to rule on ex-CJN, Onnoghen’s matter over suspension

The Body of Senior Advocates of Nigeria (BOSAN) on Monday slammed the Court of Appeal for refusing to deliver a ruling on a suit brought before it by a former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

Speaking at a valedictory court session in honour of a former Chief Judge of the Federal High Court, Justice Abdul Kafarati who died in February 2021, the chairman of BOSAN, Adegboyega Awomolo (SAN), represented by a member, Chris Uche (SAN), said the “judiciary became a victim of its silence; the Court of Appeal we recall refused to deliver its ruling in the matter for over three months.”

BOSAN also said that only a few judges in the country had exhibited boldness to decide cases according to the law.

Onnoghen was on January 25 2019 suspended from office by President Muhammadu Buhari over an ex-parte application that was obtained from the Danladi Umar-led Code of Conduct Tribunal (CCT) on January 23 in a private session.

The Federal Government had alleged that the former CJN violated the Code of Conduct Bureau (CCB) law on assets declaration by public officers.

Speaking on the independence of the judiciary, Uche said, “there have been systematic efforts to erode the independence of the judiciary by way of intimidation, coercion, arm-twisting, divide-and-rule tactics and outright harassment.”

According to him, in most cases involving the Economic and Financial Crimes Commission (EFCC), “very few judges are bold enough to decide (matters) according to the law because of the entitlement mentality of the prosecuting agencies.”

He alerted judges of possible interference with electoral matters as the 2023 general elections beckon, advising that the judiciary should “guard its independence.”

“The judiciary must asset itself, and indeed liberate itself through the protection of its decisional independence,” he said.

Uche described the former chief judge as a “courteous judge,” who “had a reputation for listening quietly” to lawyers as they canvass argument.

“It was only in his rulings and judgements that you will see the courage, wisdom and experience of the late jurist,” he said.

The Chief Judge of the Federal High Court, Justice John Tsoho, said Kafarati “introduced innovations toward speedy and effectual adjudication of cases and matters.”

He said, “Justice Kafarati was a revered gentleman, a great family man; a humane, articulate, peaceful and quiet by nature.

The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), represented by the acting Director of Civil Appeals at the Federal Ministry of Justice, Tijjani Gazali (SAN), praised the late jurist for his examples of “humility, hard work and excellence.”

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