ONNOGHEN’S SUSPENSION: DOES A LACUNA EMPOWER AN INSTITUTION TO INVOKE THE DOCTRINE OF NECESSITY OR ACT WITH IMPUNITY?
Comrade Ifeanyichukwu Mmoh Sunday, February 3, 2019 ifeanyi_mmoh@yahoo.com Jos, Nigeria Oh yes, it does. But whether the discretionary powers of the institution required that it acted in the interest of the federal republic of Nigeria or against it and in a parochial manner is not exactly clear. This, I believe is the reason why the suspension of embattled CJN Walter Onnoghen has stirred the hornet’s nest. Over time, a lacuna – because it does allow a person or an institution to act as they deemed fit – has been misused by ambitious and parochial minded leaders who (in the name of doing public good) carry out very personal or anti-people stunts. Several points in the CJN’s saga actually do beg for clarifications. First, it was alleged that the CJN did not disclose all of his foreign accounts. This, the CJN admitted as an oversight on his part and, should, therefore – according to the positions held by very respected legal minds – have amounted to a no case. Secondly,...