A lawyer in the defence team of Walter Onnoghen, the former Chief Justice of Nigeria, has said the decision of the Code of Conduct Tribunal to convict the country’s topmost jurist is “a breach of the constitution.”
Okon Efut, a Senior Advocate of Nigeria (SAN), made this assertion to journalists after the CCT on Thursday convicted Justice Onnoghen of false declaration of assets and subsequently sacked him as the CJN.
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Efut, who led the sacked CJN’s legal team at Thursday’s proceedings, alleged that Justice Onnoghen was not given a fair hearing throughout the duration of the trial.
The senior lawyer stated that the judgment of the Danladi Umar-led CCT was purportedly premeditated as the principle of justice was never followed for an offence that was never charged, thereby making such pronouncement unconstitutional.
Efut said: “The conviction is unconstitutional. It is a breach of fair hearing.
“Before this day, on January 23, 2019, the same judgment had been passed, removing the Chief Justice of Nigeria without fair hearing.
“So, it was fait accompli, it was premeditated. Judgment has been passed before today. Today’s judgment is just a formality.
“We hold the view that the tribunal has not only breached the Constitution of Nigeria, it has breached the fundamental principles of natural justice, equity and good conscience.
“It has not only been able to pass judgment, it has convicted on an offence that was never charged.
“This is an erosion of the fundamental principles of our Constitution and until some questions are answered, for instance, why is it that the due course of justice was not allowed to flow?”
Efut stated that “all is not over in this matter”, indicating that the defence legal team would advise Justice Onnoghen to appeal the judgment.
“We know that all is not over in this matter. The wheel of justice grinds slowly. It grinds slowly but surely. But this is not a matter that will end here.
“We shall avail ourselves of all the processes and the hierarchy of the judiciary,” Efut said.
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