Travails of the CJN and Citizen Dino Melaye

THE trial of the Chief Justice of the Federation (CJN), Justice Walter Onnoghen, before the Code of Conduct Tribunal (CCT) hit the airwaves last week with some storm.  It was a jolt to many that the head of the Nigerian Judiciary could be dragged before a lower court, while still serving as the head of the nation’s apex court.

Two things; the allegations against Onnoghen and the speed with which the CCT moved to launch the trial all looked suspicious, especially as courts of competent jurisdiction, as the lawyers would say, have adjudicated on matters related hitherto.  The CJN is being accused of failing to declare his assets as guaranteed by the Code of Conduct for public officers.

Lawyers, who pride themselves as learned men, have been largely divided on this matter, but members of the inner Bar are mostly speaking with one voice in defence of the CJN.  Most of them see the travails of the CJN as an affront on the Judiciary, which is not just the last hope of the common man but of every man for that matter.

There are some technicalities some legal activists, mostly the young lawyers impute into this. Some of them have argued that there should be a distinction between a judicial officer and a public officer. Some non-lawyers have also argued that since the charge against the CJN are not expressly seeking to remove him from office; the man should be allowed to attend to the case.

It needed to be said, however, that the whole issue of law, constitution and legality has to do with procedures. Once a law-making procedure is compromised, that law will be nullified by the Judiciary. The same goes for implementation of laws. In giving teeth to a legal or constitutional provision, a breach and application of shortcuts make the act void and of no consequence.  The lawyers say it is better 99 guilty persons go scot-free than for one innocent person to be made to suffer injustice.

If the provisions of Section 292 of the Constitution of Nigeria 1999 (as amended) are taken into consideration and the ruling of the Court of Appeal in the case of Justice Ngajiwa (JSC) are taken into consideration, no one will seek to bypass the National Judicial Council before dragging any judicial officer before trial for any suit whatsoever. To those who argued that the CCT trial of the CJN was not seeking his removal as contained in Section 292, the message is simple; no judicial officer can continue to hold his office as far as he is standing trial before another court. It thus means that his office will be the primary target of any trial.

But the big question is why won’t the government observe due process in a democracy? The answer is simple; we are in a democracy with few or no democrats. We are in a political setting being run with militarised minds. The bulk of participants in political discourse are youths, most of whom did not see democratic governance growing up.

But the CJN is not alone in suffering the failure to abide by due process of the law in recent times.

The senator representing Kogi West, Dino Melaye, has also been in the news since the first week of January. The police seized the street he lives in Maitama, Abuja, and held the residents hostage for a week, while seeking to arrest the lawmaker.

Dino is known for his drama and famous songs, which he used to deride his political opponents. He is ebullient and vocal and he is never hidden in the crowd. Perhaps as a result of the drama he has brought into his public life, a number of commentators have branded him a jester, sort of a clown, whose actions are largely categorised as comic reliefs.

In recent weeks, it appeared that the Nigeria Police latched onto that widespread feeling about Senator Dino to act out some unwarranted drama and infringements of his rights. The police went after him when it was not clear the force had exhausted legal channels provided by the Legislative Powers and Privileges Act and the conventions. The police blocked the entrance of his street, cut off electricity and water and inconvenienced passersby several times, when procedures for arresting and interrogating or arresting lawmakers are quite clear.

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In the past, the office of the Inspector-General of Police, apparently seeking to streamline relationship with the National Assembly, opened a Liaison Office in the Assembly. The essence of it all is that away from the gestapo manner in which Senator Dino’s street was stormed and locked down, the police could just have gone through the processes and interrogate the man without the odious ceremony.

I listened to some commentators wave off the travails of Senator Dino in the social media as mere drama. I disagree with them. While the law does not foreclose a senator committing infractions against the law, it however, provides that his rights as an individual must be respected and because he is a known citizen of the land, he can’t be treated as a common criminal.

If a soldier or a policeman cannot be tried in open court until you are done with court martial or Orderly Room trial, a CJN or judicial officer should not be charged without recourse to NJC. The courts have even said so and that body has shown it never shied away from trying its own. In like manner, no lawmaker or Nigerian, even if they are of Dino gene, should be tried for infractions with due adherence to due process.