Partisan Comment: CJN Has Become A ‘Suspect Awaiting Trial’ — Melaye

The spokesperson for the Peoples Democratic Party (PDP) Presidential Campaign Management Committee, Senator Dino Melaye, has described the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, as a ‘suspect awaiting trial’ over his recent partisan comment on the crisis rocking the PDP.

Melaye, in a statement sent to press on Tuesday, asked the CJN to resign from office having abused same office by dabbling into partisan politics.

Melaye was reacting to the CJN’s remark about the Oyo State governor, Seyi Makinde, being a member of the aggrieved PDP G5 governors, who are opposed to the party having the presidential candidate and the national chairman from Northern part of the country.

The PDP spokesperson, a two-time member of the National Assembly, said the CJN’s comment had turned him into a person that could not be trusted with fair dispensation of justice in Nigeria.

Melaye said, “With the scandalous conduct of the Chief Justice of Nigeria, it has become expedient and a matter of honour that he resigns from the exalted office that he has demonstrably abused.

“If he chooses to prolong his stay in office, to continue to serve the interest of his political friends, he may choose to recuse himself as Chairman of the National Judicial Council, turn himself in as a suspect, proceed on leave and allow for a thorough evaluation of his conduct in line with the provisions of Section 5 of the Code of Conduct for judicial officers.

“The Chief Justice of Nigeria , Hon Justice Olukayode Ariwoola, who has just demonstrated his familiarity with the workings of G5 Governors has by seeking to recruit members into that group turned himself into a suspect, who only can not be trusted with fair dispensation of justice in Nigeria, but a Chief Judicial Officer who has become tainted and unfit to superintend over the administration of Justice in Nigeria.”

The former federal lawmaker further said that Ariwoola had violated the Code of Conduct for Judicial Officers.

“Graver still, the descent of the Chief Justice of the Federation into the political arena is a gross and indefensible violation of the provisions of the Code of Conduct for Judicial Officers, section 5 of which states as follows:

“Right to freedom of expression (5.) A judge, like any other citizen, is entitled to freedom of expression, belief, association and assembly; but in exercising such rights, a judge shall always conduct himself in such manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary.

“Accordingly, a judge shall act with such restraint as is necessary to: (a.) maintain public confidence in the impartiality and independence of the judiciary; (b.) avoid involvement in public discussion or discourse if his or her involvement could reasonably undermine confidence in his or her impartiality; (c.) avoid such occasions and circumstances where such involvement may unnecessarily expose the Judge to political attacks or be inconsistent with the dignity of a Judicial officer; and/or (d.) adhere strictly to political silence,” Melaye stated.

He continued, “Flowing from the above, the first thing that jumps out in 5(d) is the indiscretion of Justice Olukayode Ariwoola to fail to adhere to political silence. Rather he chose to be a recruiting agent for a distinct and unmistakable political group.”

He added that the CJN had a duty to save the judiciary and Nigeria’s democracy.

“The Chief Justice of Nigeria has by his pronouncement desecrated the dignity of the Judiciary, demonstrated partiality, eroded public confidence, exposed the judiciary to political attacks and acted in a manner that is inconsistent with the character, colour and calling of his exalted office. In fact he broke all the rules in this section. This represents a sad irony. It is a case of the gatekeeper carting away the goods in his custody.

“We are worried by this development, as this has confirmed the suspicion in certain circles that the judiciary has compromised its independence and is now dependent on certain interests, particularly in the executive branch.

“One can imagine a scenario in which the group the Chief Justice of Nigeria has patronised so openly appears before him with another party in a dispute. Where he presides bias can not be ruled out and where he does not preside his influence on other judges can not be discounted.

“Hon Justice Olukayode Ariwoola has a duty to save the Judiciary, himself and Nigeria’s democracy,” Melaye stated.