Kebbi Guber Case: One Of The Many Problems Of Onnoghen

By GIMBA Umar

Nigerians woke up on Friday fortnight ago to brace with the unusual situation of the proposed arraignment of the nation’s number one judicial officer, the Chief Justice of Nigeria Justice Walter Onnoghen.  The travails of the erudite jurist allegedly have it that he failed to comply fully with the asset declaration mandate on public officers as expected from the code of conduct bureau. Sources are of the view that the accusation against the Chief Justice of Nigeria (CJN) is political considering the timing of the arraignment barely four weeks to the start of general elections across the nation.

However, findings have also shown that it has correlation with the lingering Guber case in Kebbi state and the sudden need by the federal government to oust the CJN. Based on the current travails of the CJN, the composition of the appeal panel was done without the full knowledge of the nation’s number one judicial officer. It is alleged that the kebbi state government in collaboration with the Attorney General of the Federation Abubarka Malami  SAN, are gunning for the CJN due to his hard posture on upholding the tenets of the law and ensuring the independence of Judiciary.

The panel has Hon. Justice Ibrahim Tanko Mohammed as Chairman, a close friend of the first defendant in the case who is also the Governor of the state, Alhaji Atiku Abubakar Bagudu. The friendship between the duo dates back several years. Recently, on December 28^th, 2018 when Samaila I.T Muhammad, the son of Hon Justice Ibrahim Tanko Mohammed got married at Sultan Bello Mosque in Kaduna, Governor Atiku Abubakar Bagudu was at the event from start to finish, and was a prominent figure at the wedding reception held at the Hon. Justice Ibrahim Tanko Mohammed residence in Kaduna.

The panel also has Hon. Justice Amina Adamu Augie, an indigene of Kebbi State, whose first daughter, Aisha Adamu Augie-Kuta is presently working with the first defendant, Kebbi State Governor as his Senior Special Assistant on New Media.

It has been gathered that the plaintiff has made a formal complaint to the Chief Justice of Nigeria and having known his strict disposition on judicial issues, sources said that this was not going down well with the Attorney General of the Federation, Abubarka Malami SAN, whom is alleged not favorably disposed to the CJN taking charge of the Kebbi Guber tussle, and hence the need to put the CJN on trial, which will eventually pave way for a favorable environment for the panel to deliver her judgment.

As its now the battle ground is charged between Onnoghen and Kebbi mafia whic is described to include the AGF, the Gov Kebbi State, Chairman Code of Conduct and the prosecutor of the CJN at the CCT who are all said to be indigenes of Kebbi State bent on removing the CJN in order to ensure that Bagudu is not removed as the Governor by the Supreme Court as all efforts to settle the case out of court through monetary inducement to the appellants have been rebuffed. The Gov who influenced the selection of the Supreme Court panelists have as of Sunday in kebbi been celebrating victory song that he has scaled through the Supreme Court even before the hearing of the appeal.

The intrigues in the guber case have seen several influential persons from Kebbi state in the executive and judicial arm of government taking sides with the Kebbi State Governor. The later, having served in the top echelon in the judiciary as a former chief registrar of Supreme Court and a current serving judge of Federal High court, Abuja. Sources said that the former apex court registrar is also from Kebbi state has been serving as a link person in the “deal”.

The leadership of kebbi state judiciary through an appointment of a substantive Chief Judge has been in limbo for a while because the Governor has interest in appointing his crony over and above the current acting CJ who by seniority is supposed to be the substantive as recommended by NJC. The governor Bagudu is therefore drawn on a long battle of wits with the CJN and the NJC supported by his APC and the Attorney General of the Federation who is also from Kebbi.

Meanwhile, sources closed to the inner caucus in Governor’s camp said that there was a wild jubilation last weekend when the list of the appeal panel came out. According to the source, the believe that the “deal has been done”

It would be recalled that the plaintiff in the matter Mr. Anthony Itanyi is claiming that Governor Abubakar Atiku Bagudu of the All Progressive Congress (APC) committed perjury by lying under oath in the form he submitted to Independent National Electoral Commission (INEC) prior to 2015 governorship election in Kebbi State.

He is urging the Supreme Court to invalidate the election that brought Governor Abubakar Atiku Bagudu to power and confirm Major General Bello Sarki Yaki (Rtd), Peoples Democratic Party (PDP) gubernatorial candidate in the election as the winner and subsequently order INEC to issue him certificate of return.

When the case initially started, Governor Bagudu filed preliminary objection challenging the jurisdiction of Federal High Court to entertain the matter.  

The matter was appealed to Supreme Court, the apex court later ruled that not only that the Federal High Court has jurisdiction to hear the case but also ordered for an accelerated hearing on the matter.

Consequently, the appeal of the substantive matter has reached the Supreme Court again after both the trial court and the Appeal court ruled in favour of the first defendant.