I would like to express a totally different view from Elder Statesman, Chief Edwin Clark, who did not get the correct facts when he wrote, in a letter to the Chief Justice of the Federation, Justice Kudirat Kekere-Ekun, that the former Chief Justice, CJN, Walter Onnonghen was removed from office because, in his own words, “in order to get away with ‘the mess and mischievous things they wanted to carry out’ during the 2019 presidential election”
Contrary to this assertion, the fact of the matter is that the former CJN failed to declare his assets as required by the Constitution. The Buhari administration charged him for breaking the country’s law as were many other public officials.
Justice Ononghen did not deny the charge. By his own admission, and in writing, he said he forgot to declare the assets because of the pressure of his work.
Under our laws-and the law all over the world- the admission of offense through confession is a ground for conviction.
Thankfully, the former CJN, who had the best representation in court and did not, at any point say that the confession was false, induced or a forced one. He wrote that he hadn’t declared his assets before witnesses, including his secretary that he invited to be present.
On the basis of this confession, he was duly convicted, as were hundreds of other officials who did not declare their assets for equally being “forgetful,” and were sentenced to assets forfeiture and terms of service in the prison.
In the same letter, Chief Clark made a call, that “President Tinubu’s government must not allow sacred cows to exist in Nigeria, no matter whose ox is gored. There is no one who is above the law in his own country.”
The implication of Chief Clark’s call is that the former CJN ought not to be allowed to walk away with a crime, the same crime for which others received punishment.
Besides, the law setting up the CCT did not contemplate nolle prosequi or state pardon and this is clearly reason why there is no precedent anywhere in the country in which such criminal conviction is overturned.
It is clear, therefore, that the absolution of the former CJN is political, and this too, can be discerned from the clever way that the Justices of the Appeal Court merely adopted the out-of-court settlement without querying any of the assertions that it contained.
Based on these, Chief Clark and all men who want to help the sacked CJN should just keep quiet, to allow the episode to blow away and to stop irritating citizens who are not this special, who were tried and convicted for the same crimes.
Musa Ilallah,
A public affairs analyst can be reached on musahk123@yahoo.com