In a scathing letter to the Chief Justice of Nigeria, Justice Kudirat Kekere-Ekun, Ijaw leader and elder statesman, Chief Edwin Clark, has accused former President Muhammadu Buhari and former Attorney-General Abubakar Malami (SAN) of oppressing and humiliating former Chief Justice of Nigeria (CJN) Walter Onnoghen. The letter, sent on Sunday, commended the recent Court of Appeal judgment that acquitted Onnoghen of charges related to false asset declaration, following a settlement with the Federal Government.
Clark, who has long been a vocal advocate for the Ijaw nation, criticized the suspension of Onnoghen in 2019, arguing that it was unconstitutional. He pointed out that the Constitution grants the power to appoint or remove a CJN to the President, National Judicial Council (NJC), and the National Assembly—institutions he felt were bypassed during Onnoghen’s ousting.
The Ijaw leader expressed deep concern over what he called the “oppression” and “humiliation” of Onnoghen, stating, “I knew he was not fairly treated; he was oppressed and humiliated by President Muhammadu Buhari and his Attorney General, Abubakar Malami.” Clark suggested that Onnoghen’s removal was politically motivated, aimed at securing Buhari’s re-election bid in 2019.
Clark further accused Buhari of removing Onnoghen from office as part of a broader plan to manipulate the 2019 presidential election, claiming that Onnoghen would not have allowed any “mischievous things” to occur during the elections. “The best thing was to remove him,” Clark said, referring to the former president’s actions as “disgraceful, callous, unjust, and so barbaric.”
Clark also made a pointed remark regarding the relationship between Onnoghen’s past judgments and the actions taken against him. He highlighted that Onnoghen had been part of the Supreme Court panel that ruled in favor of Buhari during the 2011 presidential election case, further complicating the narrative. “Perhaps, it is an irony of fate for the former CJN, Justice Walter Onnoghen, who was one of the Supreme Court Justices whose judgment favored President Muhammadu Buhari in his presidential election case in 2011,” Clark said.
Clark’s letter to Justice Kekere-Ekun was not just a critique of past actions but also a call for change. He urged the administration of President Bola Ahmed Tinubu not to protect any individual from accountability, regardless of their past status. “President Tinubu’s government must not allow sacred cows to exist in Nigeria, no matter whose ox is gored,” Clark stated, emphasizing that the law should apply equally to all, including former presidents.
In his letter, Clark referenced the issue of presidential immunity, asserting that while a sitting president may be shielded from legal actions during their tenure, there is no provision in the Constitution granting lifelong immunity to former leaders. He pointed out that many past presidents, who he claims are corrupt, continue to evade scrutiny even as they accuse their successors of the same.
Reflecting on Onnoghen’s plight, Clark also condemned the silence of both the Nigerian Bar Association (NBA) and the National Judicial Council (NJC) during Onnoghen’s suspension. He described their inaction as troubling, given the significant implications for judicial independence. “The show of shame that took place at the time was so disgraceful,” he remarked.
Nevertheless, Clark expressed his happiness with the recent development, where the Court of Appeal acquitted Onnoghen of all charges related to asset declaration. He commended the judiciary for coming to a fair resolution in Onnoghen’s case, praising Justice Kekere-Ekun and the Court of Appeal for their judgment. “I wholeheartedly congratulate him for passing out the ordeal he was subjected to by the former President,” Clark said.
Clark also took the opportunity to reflect on the broader implications of Onnoghen’s experience, noting that his settlement with the Federal Government represented a victory for justice and fairness. He called for a system in which all Nigerians are treated equally under the law, regardless of their position or power.
In response to Clark’s statements, Garba Shehu, Senior Special Assistant to former President Buhari, declined to comment. However, an anonymous official from the previous administration defended the decision to suspend Onnoghen, stating that it was justified under the law. “The case before the Code of Conduct Tribunal against Onnoghen was the non-declaration of assets, an offence against the laws of the land, the Constitution,” the official explained.
The anonymous source further argued that Onnoghen’s failure to declare assets during his tenure as a judge, including his time as CJN, was a breach of the law. “He admitted that he didn’t declare his assets. And all these bank assets that they said should be released to him, the truth is, even when he declared as CJN, he did not declare those assets,” the official claimed.
The official also stated that, while the Buhari government ultimately decided to waive any further action against Onnoghen, the legal basis for his removal was clear. “So, if the government of the day decides that he has not committed any offence and that they have waived it off, then they can let him off the hook. That is a political decision,” the official concluded.
