Justice Onnoghen: Agbakoba drags AGF Malami to court

A former President of Nigerian Bar Association, NBA, Chief Olisa
Agbakoba, SAN, has dragged the Attorney General of the Federation and
Minister of Justice, Mr. Abubakar Malami, SAN, to court.

Agbakoba approached the Federal High Court in Abuja over moves by the
Nigerian government to arraign the Chief Justice of Nigeria, CJN,
Justice Walter Onnoghen, over his alleged non-declaration of assets.

In the suit the human rights lawyer, through his lawyer, Chief Mike
Ozekhome, SAN, maintained that the six-count charge pending against
the CJN at the Code of Conduct Tribunal, CCT, in Abuja, is illegal,
unlawful, wrongful, unconstitutional, null and void.

He is praying the court to determine, "Whether having regard to the
decision of the Court of Appeal in NgajiwaV FRN (2017) LPELR-43391
(CA) , the combined provisions of sections 6, 153,158,287(2), and
292(1) and Paragraph 21(b) of the 3rd Schedule to the 1999
Constitution, as altered and extant provisions of the Code of Conduct
for Judicial Officers, the present charge in Charge No: CCT/ABJ/01/19
against the Chief Justice of Nigeria, Honourable Justice Walter Samuel
Nkanu Onnoghen, does not amount to flagrant and violent disregard of
the provisions of the Constitution, due process of law, and,
therefore, unconstitutional, null, void and of no effect whatsoever.

"Whether the 1st and 2nd defendants can competently file and maintain
charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the
Chief Justice of Nigeria, before the 3rd defendant, the Code of
Conduct Tribunal, or indeed any court or tribunal without prior
recourse to the 4th defendant, the National Judicial Council, in
accordance with constitutional provisions.

"Whether the 1st and 2nd defendants can maintain charges against
Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of
Nigeria, in Charge No:CCT/ABJ/01/19 before the 3rd Defendant, the Code
of Conduct Tribunal, or indeed any Court or Tribunal without affording
him adequate time and facilities for preparation of his defence."

Agbakoba also prayed the court to among other things, declare that,
"the purported steps taken by the 1st and 2nd Defendants to arraign
Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of
Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, on
the basis of Charge No:CCT/ABJ/01/19 filed therein, without prior
recourse to the 4th Defendant, the National Judicial Council, is
illegal, unlawful, wrongful, unconstitutional, null and void.

"A declaration that the purported or proposed arraignment, of the
Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu
Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on
Monday 14th January, 2019, or on any other date whatsoever, on the
basis Charge No:CCT/ABJ/01/19 filed therein, without first having
prior recourse to the 4th Defendant, the National Judicial Council, is
illegal, unlawful, wrongful, unconstitutional, null and void.

"A declaration that the purported or proposed arraignment, of the
Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu
Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on
Monday 14th January, 2019, or on any other date whatsoever, without
first being afforded sufficient time and facilities for preparation of
his defence, is unconstitutional, null and void, being a gross
violation of the provisions of Section 36 (6) (b) of the Constitution
of the Federal Republic of Nigeria, 1999 (as amended).

"A declaration that Charge No:CCT/ABJ/01/19, filed against the Chief
Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen,
by the 1stand 2nd Defendants, before the Code of Conduct Tribunal, the
3rd Defendant, without first having prior recourse to the 4th
Defendant, the National Judicial Council, is illegal, unlawful,
wrongful, unconstitutional, null and void.

"An order of this Honourable Court, quashing and/or setting aside, in
their entirety, all the charges preferred by the 1st and 2nd
Defendants, against Honourable Justice Walter Samuel Nkanu Onnoghen,
the Chief Justice of Nigeria, before the 3rd Defendant, the Code of
Conduct Tribunal, in Charge No:CCT/ABJ/01/19 and nullifying all steps
taken by the 2nd and 3rd Defendants, leading to the said illegal and
unconstitutional arraignment or proposed arraignment of Honourable
Justice Walter Samuel Nkanu Onnoghen, CJN before the 3rd Defendant.
Likewise,

"An order of injunction by this Honourable Court, restraining the 1st
and 2nd Defendants, whether by themselves, servants,privies or
officers working under them, from maintaining the charges or taking
any further steps towards maintenance and prosecution of any charges,
against the Chief Justice of Nigeria, Honourable Justice Walter Samuel
Nkanu Onnoghen, before the 3rd Defendant or any other Court or
Tribunal, without first having recourse to the 4th Defendant."

Other defendants in the suit are the Code of Conduct Bureau, the CCT
and the National Judicial Council.