Now we have a situation in which the Chief Justice of Nigeria has been accused on a number of occasions of receiving money or gifts in a manner that calls into question the CJN’s and the Supreme Court’s impartiality, integrity and neutrality in matters before it. I am not going to list them all here-they are in the public domain already. I have not read the full facts of the recent allegations and don’t care to do so. These allegations are becoming too numerous, in my view. It is becoming too much or as the Yorubas would say: Oti poju. It is too much, my Brothers and Sisters. These are not allegations against a Magistrate in a village somewhere. These are disturbing, serious and damaging allegations against the Chief Justice of the Federation, for Christ sake! Where are the rules governing the conduct of members of the Judiciary on and off the Bench? Where is the Judicial Code of Conduct? Who is supposed to be policing the Justice’s of the Supreme Court? Where is the Judicial Services Commission? What about standards in Public Life? I am not casting any aspersions on the CJN or the Justices of the Supreme Court. But if there is any iota of evidence, even the slightest, that any of the current allegations made against the CJN is true then there is only one honourable option left for the CJN- he must fall on the sword justice. If there is no evidence whatsoever to substantiate any of the allegations then the CJN must take whatever legal steps available to him to restore his beleaguered reputation and that of the Supreme Court. I can’t believe that in this day and age of anti corruption, transparency, due process and trying to establish a new culture in Nigerian public life that the Chief Justice of the Federation and other members of the Supreme Court are rendering themselves open to such accusations. We must not allow this particular allegation to go uninvestigated. It is a very serious matter and goes to the essence of having a Supreme Court in the first place. These allegations do not only go to the issue of Conflict of Interest, Fair Trial or the Court Procedure which stipulates that any Judge with a direct or indirect pecuniary or other connection with any of the parties must excuse himself from the hearing; but, if substantiated, amounts to an allegation of Conspiracy to Pervert the Course of Justice against the Chief Justice himself. We just can’t have this sort of thing going on any longer. We must get to the bottom of it- if only to salvage the reputation and integrity of the CJN and the Supreme Court.

What we must do now is very simple. The relevant bodies must conduct a thorough investigation; the police must be called in to investigate if any of the allegations are true; the EFCC must be called in; the ICPC must be involved; the JSC and the NJC must look into it; and the Security Services must also get to the bottom of this one. Either these allegations are true or they are false- with serious implications for the accused and the accuser. Nigerians demand and expect a thorough investigation with no stones unturned. The truth is always there; it is only waiting to be discovered. And we must not have investigations dragging on until the CJN officially retires from the Supreme Court. Otherwise, Nigerians might as well forget that they have a Judiciary.

There is also the option of suspending the Chief Justice whilst a proper and thorough investigation takes place. If allegations are being made about properties and issues over which he is Chief Custodian, there is always the question of whether a proper investigation can be conducted whilst he is on seat. Is there a risk of obstructing the course of justice? Personally, I think suspending the CJN now would be damaging not only to the Judiciary but to the Political System as well. It is an option, but I don’t think it is a practical one at this moment in time.

What the CJN must do now is up to him. He may want to ride it out till his official retirement in the not too distant future. This is obviously an option. But in all reality if there is any evidence now to substantiate the allegations, then the CJN must go now. Secondly, if there is any likelihood of the allegations being found to be true, then he must also go now. Thirdly, if his credibility and integrity has been irreparably damaged by these new sets of allegations, then I don’t think it is unreasonable that he should also do the honourable thing and retire now. The Judiciary must not only be Impartial but must be seen to be Impartial at all times. Any activity, professional or private, of the CJN that calls this basic presumption into question is damaging not only to the Office of the CJN but also to the Supreme Court of Nigeria itself. It erodes even further the questionable independence and integrity of the entire Judiciary in the eyes of an already sceptical Nigerian public. It is a very serious matter.

If there is no evidence whatsoever and no likelihood of any substantiating evidence appearing after a proper investigation then the lawyer making the allegations must face the full wrath of the law and the legal profession. If it is a gross abuse of process then there are sanctions in place to deal with such abuse.

I am not even going to partake in the speculation and intrigue theories making the rounds. The Supreme Court must make up its mind whether or not Buhari’s case for the nullification of OBJ’s victory is legally sound and give its judgment on July 1st. That is their prerogative as the highest court in the land. There is no credible evidence connecting these allegations to the July 1st ruling. I don’t think the doctrine of the independence of the Judiciary is the issue here either. I am not even going to comment on the theory of internal Supreme Court Succession Politics- there is nothing new in that. It happens everyday in politics, business, academia and in other walks of life. It is nothing peculiar to the Supreme Court. But if this is how our Supreme Court Justices are behaving then it begs the question: what are people like that doing at the Supreme Court in the first place? How did people like that get to become Supreme Court Justices? God help Nigeria! Whatever the case, I think our dear old Chief Justice has received too many allegations and questions as to his integrity, honour and reputation in recent years. I am not a Saint myself and I am not claiming to be one. Neither am I the Chief Justice of Nigeria. No one is saying that past allegations have been made out, as far as the public is concerned. But I think it is time the CJN seriously asks himself why so many allegations have been made against him over the years. Come on, he is the Chief Justice! He is not the first man to occupy the office of CJN- there were others before him. The CJN can either, culpable or not, do the honourable thing and save the Supreme Court and himself from further embarrassment and ridicule, and retire early; or he can ride it out and allow all the various agencies to conduct a damaging and intrusive investigation to get to the bottom of it and present their reports for all to see. I don’t think the CJN retiring early to save the Supreme Court will be construed by anyone as an admission of guilt or culpability. He can actually use early retirement to fight the allegations, clear his good name and restore his integrity.

J.E.Iyobhebhe iyobhebhe@hotmail.com