Quick one on FG closes case against Onnoghen
The Chief Justice of Nigeria, Walter Onnoghen was suspended by the President based on allegations of failure to properly declare assets in line with the law. The prosecution has closed its case.
Some numbers from the prosecution’s case:
€10,000
₦12,852,580
£13,730
₦2,656,019
$56,878
The most important take away from the Onnoghen trial thus far is that media trials are very dangerous. You see, a few months ago, we were told that Onnoghen had 55 houses, that he has millions of pounds and dollars and euro, and then billions of naira. Then we got to court, and find out that he does not have any of those.
Leaving that aside, the most important revelation from the trial is that his asset declaration had not been verified by the Code of Conduct Bureau. How do you charge someone based on something that you have not investigated?
This is akin to the police telling the world that Cheta murdered George by stabbing him 60 times, then shooting him, before dismembering him and soaking the body in acid. Then after all the hullabaloo about how Cheta is a wicked person, we get to court, and first there is no body, and then, to make matters worse, during the trial, George walks in.
Now, Onnoghen’s defence has entered a no-case submission, meaning that the prosecution has proved nothing. The panel of judges can either agree with the defence, or insist that the defence should present something. But here is the thing — if his assets declaration form was not verified, as per the government’s second witness, then on what basis was the man accused of falsely declaring assets? If you did not verify the assets he declared, then what are we doing in court?
Why did you lie to all that he had “millons of dollars” in his accounts, only to get to court and be unable to show this, even worse, show that he had roughly a tenth of that amount in his accounts?
Then there is the small section of Section 3 of the Code of Conduct Act which says that if an officer left something off his asset declaration form and it is brought to his attention and he declares it, there’s no reason to proceed to trial.
As I said on CNBC just a few weeks back, this whole thing boils down to rule of law, a concept sadly alien to so many in Nigeria. If we are going to move forward as a country, there must be the belief that our institutions of state are not subject to the whims and caprices of individuals. This Onnoghen thing, from the fact that someone with ties to the President got access to the man’s forms, to the speed with which the CCB “investigated”, to the media trial, to the suspension of the Chief Justice without recourse to the National Assembly…
Again, it is clear to me that no one gave a moment to think of the implication of essentially telling the world that the head of our judiciary is corrupt, the impact it has on perception of our entire country, and then now failing to prove it beyond all reasonable doubt. You have told everyone that our judges can be bought. That impression will stick. You have told the world that you never bother to do your due diligence. That will stick as well. A bad mix no matter how you look at it.
All of it tells the business that we need to invest in large numbers to make a dent in our 23% unemployment rate, that we do not do rule of law, that their investments are not safe, that said investments will be badly handled, and most importantly, that when the inevitable dispute arises, they will not get recourse because first our judiciary is available to the highest bidder, and also subject to the whims of the powerful.
This bad behaviour, will be punished.