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Tag: Justice Walter Onnoghen

  • Appeal Court quashes ex-CJN Onnoghen’s conviction on false assets declaration charge

    Appeal Court quashes ex-CJN Onnoghen’s conviction on false assets declaration charge

    • Court orders release of seized assets

    The Court of Appeal in Abuja has voided the April 18, 2019 decision of the Code of Conduct Tribunal (CCT) convicting a former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, for false assets declaration.

    In a judgment delivered yesterday, a three-member panel of the appellate court, presided over by Justice Abba Mohammed, discharged and acquitted Justice Onnoghen.

    The court also ordered the release of his assets, including bank accounts, which the CCT had ordered to be forfeited to the Federal Government.

    The judgment was derived from the terms of settlement submitted to the court by the Federal Government and Justice Onnoghen, which the court adopted.

    The terms of settlement ended the three appeals filed by Justice Onnoghen against his conviction and the seizure of his assets.

    In the terms of settlement, parties were unanimous that the CCT erred in convicting the appellant without first resorting to the National Judicial Council (NJC), the body constitutionally empowered to discipline judicial officers in the country.

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    The terms of settlement were jointly signed by Onnoghen, his two lawyers – Adegboyega Awomolo (SAN) and Ogwu Onoja (SAN) – and the Attorney General of the Federation (AGF), Mr. Lateef Fagbemi (SAN).

    Justice Onnoghen was convicted by the CCT in its April 18, 2019 judgment following his trial on a six-count charge bordering on false assets declaration and breach of Code of Conduct for Public Officers, brought against him by the Federal Government.

    The CCT, among others, ordered Justice Onnoghen’s immediate removal from office as the CJN and stripped him of all other offices he earlier occupied, including as Chairman of the National Judicial Council (NJC), and Chairman of the Federal Judicial Service Commission (FJSC).

    The tribunal also ordered the forfeiture of his five bank accounts and the money in them, which he allegedly failed to declare in the asset declaration form he submitted to the CCB.

    Dissatisfied with the CCT’s judgment, Justice Onnoghen challenged the decision and filed three appeals.

    On September 19, Justice Onnoghen’s lawyer, Ogwu Onoja (SAN), told the court that parties were talking to ensure an out-of-court resolution of all issues in dispute.

    Onoja announced that parties had an engagement on September 18 and hoped the discussion would yield fruits.

    He urged the court to grant a month’s adjournment to enable parties conclude talks and reach final settlement.

    The Federal Government’s lawyer, Tijani Gazali (SAN), confirmed the development, saying he agreed that the cases be adjourned to enable parties conclude their settlement talks.

    When the appeals were called yesterday, Awomolo said the parties had signed the terms of settlement, dated October 24 and filed on November 1.

    Gazali confirmed Awomolo’s statement and the court adopted the terms as its judgment in the appeals.

    Speaking after proceedings, Awomolo thanked President Bola Ahmed Tinubu and the Attorney General of the Federation (AGF) for ensuring the resolutions of the case.

  • Onnoghen loses again

    The Court of Appeal in Abuja on Thursday dismissed four interlocutory appeals filed by former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, against some of the decisions of the Code of Conduct Tribunal (CCT) in the course of his trial before the tribunal.

    A three-man panel of the court, led by Justice Stephen Adah, in four judgments, held that events have overtaken most of the reliefs sought in the appeals and could no longer be granted, since substantive trial has been concluded. The court faulted the Code of Conduct Tribunal (CCT) for ignoring orders given by four High Court judges to stop the trial.

    It noted that rather than closing its eyes to the valid and subsisting orders meant to restrain it, the only option opened to the CCT, when the orders were brought to his attention, was to have appealed. The panel, which delivered judgments in four interlocutory appeals filed by the ex-CJN, equally faulted the ex-parte order issued by the CCT, and on which President Buhari acted in suspending Onnoghen.

    The court noted that, since Onnoghen was not yet arraigned as at January 23, 2019 when the ex-parte order was issued, it was wrong for the prosecution to have stealthily gone behind him and his lawyers to obtain an order for his removal from office.

    Despite its observation however, the court declined to set aside the order, noting that the ex-parte order was no longer of any use, since the substantive trial has been concluded.

    It advised parties in the case to pursue the appeal in relation to the judgment in the substantive trial. The court also rejected the objections raised by the Attorney General of the Federation (AGF) and held that the appeals were validly filed.

    It held that, as against the AGF’s contention, anyone dissatisfied with any decision of the CCT, whether interlocutory or substantive, is not required to first obtain the tribunal’s leave before filing an appeal.

    The three issues were mainly those the court resolved in favour of Onnoghen among the many issues he raised in the four appeals.

    The court noted that events have overtaken most of the reliefs sought in the appeals, and proceeded to dismiss them. Justice Adah read the lead judgment in the first appeal marked CA/A/76C/2019, which challenged the competence of the ex-parte order granted the prosecution on January 23, 2019 and prayed that it be set aside.

    Justice Adah said it was wrong for the prosecution to have gone back to the tribunal on January 23 to secretly obtain the order, having agreed with the other parties on the previous hearing date, for an adjournment to January 25.

    He noted that “the mode of securing the ex-parte order has raised some questions.”

    He further noted that the respondent (prosecution) went behind the appellants to obtain the ex-parte order after parties had joined issues in respect of a motion on notice earlier filed by the prosecution for the same purpose.

    “Justice must not be shrouded in secrecy. The prosecution is expected to be transparent in carrying out its prosecutorial duties,” Adah said.

    In declining the appellant’s prayer that the ex-parte order be set aside, Adah noted that “the ex-parte order is spent, having been overtaken by events.

    “Since the appeal cannot remain in court, it is hereby struck out.”

    He advised any party in the case, who is dissatisfied with the final judgment of the CCT, to pursue his appeal in respect of the substantive case, since the trial has been concluded.

    Other members of the panel, Justice Tinuade Akomolafe-Wilson and Peter Ige agreed with the lead judgment. Justice Adah, who equally read the lead judgment in the second appeal marked: CA/A/114C/2019, dismissed it for being improperly filed and therefore, incompetent.

    Adah noted that although the appeal was directed at the bench warrant issued against Onnoghen by the CCT to compel his appearance, the appellant omitted to include a copy of the order of bench warrant in the record of appeal transmitted to the court.

    “I cannot find the order in the record transmitted to this court by the appellant. There is no supplementary record compiled. The decision of the lower tribunal appealed against is not before the court. There is nothing to be looked into.

    “If the appeal is about the bench warrant issued by the lower tribunal, the matter has been concluded, and the appellant went before the tribunal without the bench warrant being executed.

    “Since the trial has been concluded, there is nothing worth looking into any more.

    “This appeal is dismissed,” Justice Ige said.

    The lead judgment in the third appeal marked: CA/A/44C/2019, was read by Justice Akomolafe-Wilson.

    In the appeal, Onnoghen challenged the jurisdiction of the CCT to try him, and the motion filed by the prosecution seeking, among others, to compel the ex-CJN to vacate office while his trial lasted.

    Akomolafe-Wilson dismissed the objection raised by the respondent against the appeal and held that no leave is required to file interlocutory appeal at the Court of Appeal against any decision of the CCT.

    She also faulted the appellant’s argument that the only option opened to the tribunal was to first hear Onnoghen’s application challenging its jurisdiction. Akomolafe-Wilson held that such assertion was not correct in the face of the provision of Section 296(2) of Administration of Criminal Justice Act (ACJA). She said: “The totality of this appeal is based on speculation and apprehension. It is inchoate and is dismissed.

    In his contribution, Adah said: “It is presumptuous, and hereby dismissed.” Justice Ige, who read judgment in the fourth appeal marked: CA/A/63C/2019 also dismissed it after resolving two of the three issues raised for determination in favour of the appellant. Ige said the reliefs sought in the appeal, which was against the CCT’s refusal to be bound by the High Courts’ orders, could no longer be granted.

    He rejected the respondent’s challenge of the appeals’ competence and held that Section 246 of the Constitution gave appellant the unimpeded right to appeal the decisions of the CCT without obtaining the tribunal’s leave. Ige said it was wrong for the CCT to have refused to obey the restraining orders given by Justices Evelyn Maha (of the Federal High Court), Sanusi Kado (National Industrial Court), Valentine Ashi (High Court of the Federal Capital Territory) and Inyang  Ekwo (Federal High Court) in January this year. The judges had shortly before Onnoghen’s arraignment before the CCT issued the orders stopping the exCJN’s trial pending the determination of the various suits before them, challenging the competence of the charge filed against Onnoghen before the CCT. Ige, in further faulting the CCT, said: “The law is that any judgment or ruling of any court remains sacrosanct and valid until set aside. “The lower tribunal was bound by the orders immediately when its attention was drawn to them.

    “In this case, the lower tribunal ought to have tarried awhile in order not to cause confusion. “The option opened to them (CCT) was to have appealed the decisions.

    The lower tribunal cannot sit on appeal on such orders made against it.” On the claim that the CCT Chairman made some pre-judicial statements that breached the appellant’s right to fair hearing, Ige said Onnoghen could not prove that claim. He noted that although it was true that the Chairman of the lower tribunal pontificated a lot about its jurisdiction, “I am of the view that the tribunal’s Chairman’s allusion to special status of the tribunal and its members have no relevant to the case before it.

    “The appellant’s claim to breach of fair hearing has not been proved by the appellant.” Ige upheld the CCT’s decision not to grant stay of proceedings in Onnoghen’s trial, noting that the Court of Appeal equally, on January 30 this year, failed to grant stay when the ex-CJN prayed it. “The reliefs sought in this appeals are not grantable. This appeal is struck out,” Ige said.

    While speaking after the judgments, Onnoghen’s lawyer, George Ibrahim, said his client intends to challenge the decisions at the Supreme Court. “This is not the end of the road for my client. We will appeal to the Supreme Court. We still have three appeals pending before this court (Court of Appeal.) “Is it not surprising that the CCT Chairman that went about the trial with speed is yet to release copies of the final judgment to us? We are yet to get copies of the final judgement that was delivered on April 18 this year,” Ibrahim said.

  • Why Buhari is yet to act on NJC’s recommendation

    INDICATIONS emerged on Saturday on why President Muhammadu Buhari is yet to act on the recommendation of the National Judicial Council (NJC) that the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, be retired.

    The President, it was learnt, considered NJC’s letter ambiguous, as it did not clearly state why the suspended CJN should be retired.

    The President was also said to have received some legal advice to ignore NJC’s recommendations on Onnoghen because the council’s letter did not follow constitutional process.

    The ambiguity in NJC’s letter was said to have accounted for the current situation in which the nation is having a CJN and an Acting CJN.

    Findings made by our correspondent revealed that NJC’s recommendation to the President only advised him to retire Onnoghen in the “interest of the nation and the Judiciary.”

    The council was, however, silent on its findings on Onnoghen or whether or not he committed infractions based on the investigation of the Economic and Financial Crimes Commission (EFCC).

    A top source said: “The recommendation of the NJC was a ‘legal soft landing for Onnoghen in order not to expose him to any further criminal trial based on EFCC’s investigation.

    “The council advised the President to retire Onnoghen in the interest of the nation and the Judiciary. But Section 292 of the 1999 Constitution gave three conditions for the removal of a Judicial Officer, which include inability to discharge his duties, misconduct and contravention of the Code of Conduct.

    “There is nowhere in the constitution where it is expressly stated that a CJN or a Judicial Officer can be retired in the interest of the nation and the Judiciary.

    Read also: Onnoghen and the ‘Waltergate scandal’

    “If Onnoghen is removed or retired as contained in the NJC’s letter, the President’s action might be actionable. “You don’t build something on nothing.

    “This is why the President is allowing the development in the Judiciary to follow a natural course.

    “Onnoghen has offered to go on voluntary resignation or retirement and the Code of Conduct Tribunal has convicted him.

    “There are three exit options for Onnoghen now as follows: retirement by NJC if put in a proper constitutional context; voluntary resignation or retirement if approved by NJC at its next meeting; and the CCT judgment if endorsed by the Court of Appeal and the Supreme Court.

    “The President would have acted on any of these options but he has opted to follow due process to avoid being accused of hastiness in removing Onnoghen.

    “The President is hamstrung by NJC’s recommendation, which was inexplicit. At a point, the NJC said Onnoghen should be compulsorily retired with full benefits.”

    Responding to a question, the source added: “Actually, the President was advised to reject or ignore NJC’s recommendation on Onnoghen until the council is more forthcoming on why the suspended CJN should be retired.”

    Section 292 says: “A Judicial Officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances (a) in the case of —(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President Customary Court of Appeal of the Federal Capital Territory, Abuja by the President acting on an address supported by two-thirds majority of the Senate

    (ii) Chief Judge of a state, Grand Khadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a state by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the state

    “…praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct. “(b) in any case, other than those to which paragraph (a) of this subsection applies by the President or as the case may be, the Governor acting on the recommendation of the NJC that the Judicial Officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.”

    Another source added: “It is left to the NJC to be decisive in its recommendations and clean the Augean Stable in the nation’s Judiciary. It is really time to move forward. “It is of no use setting constitutional booby traps for the President. Let there be a clear direction to follow.” At press time, it was learnt that the NJC may meet next week to consider the observations of the President, the voluntary resignation/ retirement of Onnoghen and the extension of the tenure or appointment of the Acting CJN, Justice Ibrahim Tanko Muhammad as the substantive holder of the office. A source in NJC simply said: “The council may meet next week.”

  • So long, Onnoghen

    “Call no one happy until he is dead” — Greek saying

    The Onnoghen debacle, Nigeria’s worst judicial stain so far, brings to mind a stream of sayings, like some troubled stream of consciousness.

    One is this piece’s opening quote: “Call no one happy until he is dead”, which not a few attribute to the great Greek historian, Herodotus.

    That could well validate the Greek native belief, gleaned from great Greek tragedies from Sophocles and co, that their gods could be malevolent; and think little of cutting uppity man to size, even with but just seconds left of his breath!

    Such conspiratorial passion would resonate with the Onnoghen sympathy orchestra.

    They wail and rail over his fall, at the acme of his career — the same Onnoghen that could easily have entered Nigerian judicial-democratic lore as authentic hero: the sole courageous Supreme Court judge that voided the rotten 2007 presidential election!

    Call no man happy until their death!

    But it could also be the Greek equivalent of the Yoruba superstition (against the direr taboos), targeted at the mind of childhood, to enforce the norms.

    Interpreted that way, it could just be a logical warning: watch your ways; for your seedy past can always catch up with you!

    Seedy pasts!  That recalls a censorious tone, from one of Nigeria’s all-time judicial greats, the late Justice Chukwudifu Oputa, aka Socrates.

    Against the Onnoghen allegations, it is a dramatic juxtaposition: the thunder of a glorious past, against the dross of a sorry present.

    It’s the unfolding tragedy of the Nigerian Judiciary, shorn of old glory — by the unfazed venality of a loud and reckless minority!

    “No one should go to the Bench to amass wealth,” cautioned Justice Oputa, “for money corrupts and pollutes not only the channels of Justice, but also the very stream itself.”

    But the Socrates of Nigeria’s Supreme Court, at its finest epoch, wasn’t quite done:  ”It is a calamity to have a corrupt judge. The passing away of a great advocate does not pose such public danger as the appearance of a corrupt judge on the bench, for in the latter instance, the public interest is bound to suffer and elegant justice is mocked, debased, depreciated and auctioned.”

    Does that — the death of a dazzling legal mind versus the wreck of a corrupt judge — speak to the debacle of former Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, who just resigned with rather serious venal allegations buzzing around his name?

    Indeed, the glorious past and the blasted present!

    Oputa wasn’t even CJN, in a conclave of legal giants that included the late Justice Kayode Esho, the late Justice Taslim Elias, who became CJN straight from the academia and the late Justice Akinola Aguda, who never even made the Nigerian Supreme Court, though he was Chief Justice of Botswana!

    Indeed, Esho’s name would appear a sharp rebuke from the grave.  He not only decried “billionaire judges”, he also once recommended this same Onnoghen for sanction, over some alleged misconduct, during Onnoghen’s high court days!

    Talk of an epoch of Titan jurists, brilliant and upright!

    But juxtapose that era with the present, when even serious allegations of putative sleaze, wasn’t enough to make the CJN quit, until the rope virtually tightened around his throat!

    The parting shot from Socrates, to the present judicial Sodom and Gomorrah: “When justice is bought and sold, there is no more hope for society. What our society needs is an honest, trusted and trustworthy Judiciary.”

    But justice “bought and sold” takes the tale from the holy-of-holies of the Bench, to the priestly vestibules of the Bar — and again, compare the old and new!

    The late Fredrick Rotimi Alade (FRA) Williams, with his formidable “weight of evidence”, towered over the conventional bloc of the old school.

    The great FRA, Nigeria’s first-ever SAN, would get a brief from Christ; poach yet another from Satan, and plead the Lawyer’s Creed — everyone’s right to legal representation!

    But then arrayed against FRA and his bloc was a slew of radicals and non-conformists, best epitomized by the great Gani Fawehinmi, aka just Gani, SAM, SAN!

    Gani and co would rail and roar, thunder and bluster; and insist higher morality, not narrow technicality, ought to drive the Lawyer’s Creed.

    Still, look closely: nary any venality on both sides; just the fierce jousting of contrasting legal traditions!

    But now?  The abomination of some dichotomy of SANs: the ones that know the law; the others that “know” the judges!

    All too true: one SAN was convicted and gaoled one month, for a proven attempt to buy justice, with hot, fresh and smoking dollars — to parody Geoffrey Chaucer’s Pardoner, in Prelude to Canterbury Tales, with his hot fresh and smoking papal pardons from Rome!

    A few other SANs await their days in court, on integrity charges that would have been unthinkable, when FRA and Gani battled for the soul of the Nigerian Bar!

    When did the Nigerian Judiciary get to this sorry pass?  That is the grim metaphor the Onnoghen debacle presents — a stinking fish rotten from its very head!

    But again, the psychologists were right — didn’t they posit a (wo)man shows the true essence when in crisis?  So, did the leading lights of the judiciary, when the scandal broke!

    On seeming Onnoghen’s behalf, courts were trading illicit injunctions — and even the National Industrial Court (NIC) pushed its own right to be part of that sickening racket.  Pray, when did a CJN asset declaration controversy became a Labour dispute?

    Top SANs too flexed their muscles, scowling and howling, threatening and growling, not because of the intrinsic justness of their cause but because of a strange hubris, that decreed the CJN, because he is CJN, must be lord and master over the law that made him so!

    The politicians!  Never one to shun inanity, Onnoghen soon became a partisan ding-dong, in a fierce electioneering ping-pong!  Why, Abubakar Atiku, master of the political piffle, even suspended his presidential campaign, his PDP in tow, in fond hope of some rogue mileage!

    Onnoghen himself didn’t quite lead from behind, in the judicial drama of the absurd.  He hung grimly in there, not unlike the Biblical King Saul that sat pat, even if regal glory had long departed his throne!

    But why the hasty resignation, when honour decreed that needful, a long time ago?  Perhaps, because the last escape route, the National Judicial Council (NJC) was expected to conjure, had vanished!

    Since the Jonathan era, when the NJC under CJN Aloysius Katsina-Alu short-circuited Justice Ayo Salami’s career, as president of the Court of Appeal, we all knew the judiciary was in a terrible mess.

    So, a sunken Onnoghen is only a grand and fitting metaphor for a diminished judiciary.  But the judiciary, more than anyone else, must pull themselves from that rot.

    That duty they owe, both to their glorious past; and to renewed hope, for the coming generation.

  • CCT Trial: Onnoghen maintains innocence as FG demands conviction

    The Federal Government is seeking a jail sentence for the suspended Chief Justice of Nigeria, Justice Walter Onnoghen in his ongoing trial at the Code of Conduct Tribunal( CCT).

    But Onnoghen who is accused of failing to declare his assets immediately after assuming office is pleading with the tribunal to set him free.

    The charges against him, he says, are “inherently defective” and unconstitutional.

    The positions of the two parties are contained in the final addresses of their counsel submitted to the tribunal.

    The lawyers are due to defend their final addresses tomorrow when the CCT resumes sitting on the case.

    The Federal Government had on January 11, 2019 filed an application to commence the trial of the CJN at the tribunal.

    While the trial was ongoing, the National Judicial Council (NJC) advised President Muhammadu Buhari to retire Onnoghen.

    Although the President is yet to make his position on the NJC’s report known, the CJN on his part resigned from office to “save the Judiciary.”

    A 14-man prosecution team, led by Aliyu Umar (SAN) in a final written address of April 11, 2019, asked the tribunal to convict Onnoghen.

    Read also: The fall of Onnoghen

    The prosecution said: “We humbly submit to your noble lords that the essential ingredients of the offence are:

    1. The Defendant is a public officer as stipulated in paragraph 5 of Part 2 of the 5th Schedule of the Constitution of the Federal Republic of Nigeria 1999 (As Amended).
    2. That the Defendant in such capacity failed to declare his assets immediately after taking office for Count One of the charge against the Defendant the above the only ingredients of the offence under Section 15 and 23(2) of the Code of Conduct Bureau and Tribunal Act Cap 15 LFN 2004.

    “We humbly submit that the Evidence of PW.1 and PW.2 and also exhibits 2, 3, 5 and 6 conclusively proved that Defendant took oath of office as Justice of the Supreme Court in the year 2005 and as such was under an obligation to declare his assets as provided by the Constitution and Code of Conduct Bureau Act.

    “It is our further submission that by exhibit 2, the Defendant declared his asset for the position of Justice of the Supreme Court on 14th December, 2016. The Defendant took oath of office as a justice of the Supreme Court on 8th day of June, 2005. This is also borne out from the testimony of PW.1, PW.2, Exhibit 2 and 6.

    “We submit from the above that the Prosecution counsel have proved the essential elements of Count 1 of the Charge being:

    1. That the Defendant is a Justice of the Supreme Court bound by virtue of that appointment to abide by the provisions of section 15 of the Code of Conduct Act to declare his assets at least three months after his appointment to that office as stipulated in paragraph 5 of Part 2 of the 5th Schedule of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)
    2. That the Defendant was sworn in as the Justice of the Supreme Court of Nigeria on the 8th day of June 2005
    3. That the Defendant did not declare his appointment as a Justice of the Supreme Court at the time until when he submitted Exhibit 2 of 14th December, 2016
    4. That the Defendant did not declare his assets as a Justice of the Supreme Court at the time unlit when he submitted Exhibit 2 on 14th December, 2016. The failure to submit Assets Declaration months after the appointment of the Defendant to the Supreme Court is a contravention of Section 15(1) of the Code of Conduct Act Cap C15 LFN 2004
    5. A contravention of the provisions of Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 is punishable under Section 23 (2) a, b, and c of the same Act.

    “We therefore submit that the Prosecution has proved its case beyond reasonable doubt in the circumstance of this case in respect of Count One.

    Continue in page 2

  • Presidency: No deal with Onnoghen over resignation

    •Prosecutors meet on final address to present to CCT

    There is no deal between the Presidency and embattled Justice Walter Onnoghen on his exit as Chief Justice of Nigeria (CJN),The Nation learnt last night.

    Onnoghen who had been on suspension since January 25 following allegations  of corruption against him by the Economic and Financial Crimes Commission (EFCC), turned in his letter of resignation on Thursday.

    Then followed speculations that he had reached an agreement with the Presidency for the purpose of giving him a soft landing after the National Judicial Commission (NJC) recommended that he should be compulsorily retired.

    However, highly placed Presidency sources said yesterday that at no time was a deal reached between the seat of power and Onnoghen or his representatives on how he should leave office.

    Sources said his ongoing trial for non-declaration of assets would run its course.

    There was anxiety yesterday over his fate at the Code of Conduct Tribunal (CCT) which is handling the case.

    Some forces in government are said to be pushing that the trial should go on, some members of the bench and the bar are in support of the NJC decision that Onnoghen be retired.

    A top source in CCT said the tribunal will go ahead with its sitting on April 15 unless there is a notice of discontinuance of the trial from the prosecutors.

    The tribunal has given the Onnoghen’s lawyers up till Tuesday (April 9) to file their final address.

    The prosecutors have an April 11 deadline to submit their final address.

    The prosecutors were locked in a marathon session yesterday to prepare their final address.

    According to the tribunal, all addresses will be adopted on April 15 by the two parties.

    A top source, who spoke in confidence, said: “The fate of Onnoghen is still dicey. It is unclear whether or not the Presidency will see through the conclusion of his trial by the CCT.

    “There are also some alleged infractions which were investigated by the Economic and Financial Crimes Commission (EFCC). We do not know if he will face trial or not on these.

    “While some in government and rights groups have been calling for his trial, some members of the bench and the bar are trying to lobby the Presidency to adopt the soft-landing window provided by the NJC.

    “President Buhari is awaiting the legal opinion he commissioned on NJC’s report and he might unfold his position when he returns from Jordan.”

    Another highly-placed source said of Onnoghen:

    *Isn’t his retirement notice or resignation an afterthought?

    * Does retirement amount to acquittal of any offence?

    * If he wanted retirement, why did he allow this case to the extent of attracting political propaganda against the government?

    * Why would NJC recommend retirement with full benefits without deterrence for Onnoghen?

    * Shouldn’t the outgoing CJN forfeit suspicious funds in his accounts, especially monies outside his salaries, investment and official allowances?

    *Will it not amount to double standards to slap Onnoghen on the wrist while other Nigerians go to jail for lesser offences?

    * Will a political pardon for Onnoghen put an end to the Cold War between the Executive and the Judiciary?

    *Won’t any pardon for the outgoing CJN mess up the anti-corruption agenda of Buhari?

    The source added: “There are many salient points surrounding this Onnoghegate. The outgoing CJN said he decided to retire or resign to save the Judiciary.

    “By the time the legal advice is out and digested by the President, we will know where we are going.

    “Even in the Presidency, we know that Onnoghen’s retirement or resignation has made the case at hand to be interwoven.”

    Sources at the CCT said: “We have not received any notice of the discontinuance of the trial of the CJN. We do not know whether or not the prosecutors will file any application next week.

    “Going by our schedule, the trial continues. The CCT has directed Onnoghen’s lawyers to submit their final address on Tuesday (April 9) and the prosecutors will take their turn on April 11.

    “All parties are to appear before the tribunal on April 15 for the adoption of their addresses. But if the government chooses to withdraw the charges against Onnoghen on April 15, the tribunal has no case than to strike out the matter.”

    It was gathered that the federal government prosecutors met yesterday to compile their final address.

    A source in the prosecuting team said: “We have not got any directive from the government that we should either stay action or discontinue the trial of Onnoghen.

    “We are holding a session to wrap up our final address and meet the timeline set by the CCT.”

     

  • Buhari vindicated by Onnoghen’s resignation —APC  

    The All Progressives Congress (APC) said yesterday that the resignation of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen has vindicated the action taken against him by President Muhammadu Buhari as well as the party’s earlier call for his resignation.

    Justice Onnoghen’s resignation came a few hours after the National Judicial Council reportedly recommended him to President Buhari for retirement with full benefits.

    The National Publicity Secretary of APC, Mallam Lanre Issa-Onilu, told newsmen in his office that the resignation of the suspended CJN should have been the first step for him to take when it became obvious that he made the mistake of not properly declaring his assets as required by law.

    He said with the CJN standing trial for non-declaration of assets and the previous trial of the Senate President for the same purpose, it is gradually becoming clear to public office holders that there is nobody above the law in the country.

    Onilu said a time is coming when a President who misbehaves will also be docked for wrongdoing, stressing that all those who criticised the President for obeying the ruling of the Code of Conduct Tribunal will now realise that their action was not in the interest of the country.

    Onilu said: “The issue we have in this country is that many people, especially those who have been part of the impunity of the past, are struggling badly to adjust to the reality of rule of law.

    “There is so much struggle to allow the past. It is not good enough for us as a country to allow it go. All of us must rise and face the future; a future of promise and a future of change, so that we can move to the ‘Next Level’.

    “When this happened, the PDP and some of their allies in the civil societies read the barometer of politics, and we do know that until we rise above sentiments, no matter what part of the divide you find yourself, we must realise that this is an issue that has to do with our country. That is the only way we can progress.

    “We knew right from the beginning that the allegations against the former Chief Justice of Nigeria were too serious to be swept under the carpet, and we know that the President does not act on frivolities.

    “He must have done his background checks and must have gotten good information to have taken the action he took, especially when there was basis for the action that can be legally proven.

    “Those lawyers, so-called Senior Advocates of Nigeria, who had over the years dipped their hands along with some of these judicial officers into the till of this country, continued to lampoon the President, lampoon the APC and blame this government that is doing its best to right several of the wrongs that we have been used to.

    “We were actually the one trying to deepen democracy. And this party rose in the defence of the President because we understand what the President was doing and that he meant well, and we know the real purpose that drives his actions.

    “Now, events have proven the President right. Events have proven the party, APC, right. Events have proven those Nigerians who believe Nigeria first and any other things after – events have proven them right.

    “We all can only be hiding behind one finger. Otherwise, we knew Nigerians, reasonable Nigerians, knew from the word go that those allegations were not cooked up, and if they were real, the next thing for the CJN to have done was to have stepped aside.

    “If he had done that, the question of he wouldn’t be the only one, why him, should not have arisen. There is nowhere in the world where judgment is passed on every sinner at once.

    “It is not every armed robber you can catch the same day. And even some of you know the slow pace of justice may not catch up with them immediately.

    “But we must continue to see evidence that we are moving towards that sanity and that we are making progressive efforts and sending strong signals to people who think this country must continue as long as they are comfortable and the rest of Nigerians are suffering.

    “We must send that signal to them that it is not going to be business as usual.

    “Now, you have seen the head of National Assembly, Senate President, in the dock. Now, you have seen the CJN in the dock. So, one day, we will see a President that also misbehaves in the dock, which now shows that nobody is above the law and that we are all equal before the law.

    “So, anybody who finds himself in any position should now begin to look closely at his own actions, knowing full well that today may protect him but tomorrow may expose him.”

  • ONNOGHEN RESIGNS AHEAD OF IMMINENT SACK

    THE suspended Chief Justice of Nigeria, Justice Walter Onnoghen, resigned from office on Thursday.

    His resignation came less than 48 hours after the National Judicial Council (NJC) recommended his compulsory retirement.

    His resignation, it was learnt, was aimed at pre-empting the action that President Muhammadu Buhari would take on the report of the NJC.

    It was gathered that at the time the embattled CJN tendered his resignation, President Buhari was still seeking legal advice on whether to retire him or subject him to full trial on the allegations levelled against him.

    Onnoghen, however, decided to beat the President to it in order that he might remain on the honours roll of past Chief Justices of Nigeria and also enjoy the full benefits accruing to the office.

    Explaining why Onnoghen resigned his appointment in a telephone conversation with one of our correspondents yesterday, counsel to the suspended CJN, Adegboyega Awomolo, SAN, said he acted in the interest of the judiciary.

    Awomolo, who confirmed that Onnoghen resigned on Thursday, said: “I have just spoken with him. He confirmed to me that he resigned yesterday. He said he resigned in the interest of the Judiciary.”

    Awomolo is the lead defence lawyer in Onnoghen’s trial before the Code of Conduct Tribunal (CCT) on charges of non-declaration of asset.

    Another Senior Advocate in Onnoghen’s defence team, who sought anonymity, also confirmed that the suspended CJN put in his resignation letter on Thursday, saying that he addressed it to the President of the Federal Republic of Nigeria. Another top source in the Supreme Court said the suspended CJN resigned on Thursday evening following a fait accompli decision taken by the NJC.

    The source said: “The CJN was shocked at the decision of the NJC, so he offered to resign instead of being thrown out through compulsory retirement.

    “I think he chose resignation because it is a better option than a compulsory retirement, which implies some indictment. “The truth is that if a public or a judicial officer is compulsorily retired, he is not entitled to some benefits.

    “Technically, compulsory retirement has some stigma attached to it while resignation would allow the CJN to get full complement of his entitlements, including a N2.5 billion package.

    “One of the official perks enjoyed by past Chief Justices of Nigeria is a retirement home worth about N2 billion, provided by the NJC.”

    Another source, who confirmed the resignation of the CJN said: “I believe Onnoghen opted for resignation because President Buhari can either accept or reject his retirement.

    “And do not forget that if the President accepts Onnoghen’s compulsory retirement, he has to subject it to a two-thirds consent of the Senate in line with Section 292 of the 1999 Constitution.

    “The alternative is to allow the process to drag in the Senate and the fate of Onnoghen will hang in the balance. “Definitely, the Buhari administration will not send its decision to the 8th Senate; it will only leave it for the 9th Senate to decide in June.”

    But a judicial officer who is conversant with the case said: “Onnoghen’s resignation is an afterthought, because he was given the same window when a delegation of the NBA met with Vice President Yemi Osinbajo on his fate.

    “It was decided at the meeting that some senior members of the bar should sell the resignation idea to him. Unfortunately, some lawyers persuaded him not to resign without knowing that the Economic and Financial Crimes Commission (EFCC) has more dossiers on him.

    “Going by precedent, NJC decision has more pre-eminence before President Buhari than an emergency resignation.

    “Now, the President has two letters on his table including the one from the NJC and the other, which is a subterfuge ploy, from Onnoghen.”

    BMO, CHRICED call for Onnoghen’s dismissal

    But the Buhari Media Organisation (BMO) and the Resource Centre for Human Rights and Civic Education (CHRICED) yesterday demanded tough sanctions against the embattled former CJN.

    In a statement signed by Niyi Akinsiju and Cassidy Madueke, its Coordinator and Secretary respectively, the BMO said the failure of Justice Onnoghen to declare his assets and thus breaching the Code of Conduct expected from judicial officers, among several other malfeasances and breach of the Money Laundering Act, are too grave to be treated with kids gloves.

    It noted that the offences that are being prosecuted and that have been petitioned against Justice Onnoghen have tainted the sanctity of the judiciary and are not matters to be played with or treated with levity.

    “Justice Walter Onnoghen is alleged to have outrightly failed to declare some of his assets. In fact, he declared only salary accounts but failed to declare accounts where he had funds that were far above his legitimate earnings as a public officer.

    “There is also no evidence that he ever declared his assets since his appointment as a judicial officer from 1989 up until 2016. This is an outright THE NATION ISATURDAY I APRIL 6 I 20192 •Continued on breach of the Code of Conduct for Public Officers under the 1999 Constitution, and is the least expected from a man who sat at the pinnacle of Nigeria’s judiciary, and should ordinarily be the one to mete out punishments to others who commit such breaches.

    “The ‘Chief Justice of Nigeria’ is also alleged to have had money that he could not reasonably explain the source, but which were lodged in various accounts operated by him. He had over $1.7 million in his dollar accounts, which he conspicuously never declared.”

    According to the group, the alleged receipt by the Justice Onnoghen of pecuniary gifts from various lawyers who had cases in his court breached the Rules of Judicial Conduct which outrightly prohibits judges from receiving pecuniary gifts from lawyers who had cases before them.

    “Justice Onnoghen received several gifts, ranging from a luxury car worth N7 million to a deposit of $30,000 from lawyers who had cases before him,” they said.

    They criticised Justice Onnoghen for maintaining suspicious relationships with lawyers who had serious cases in his court, noting that such conducts created perceptions of bias which is against the Rules of Judicial Conduct.

    The group noted that Justice Onnoghen failed to maintain the minimum standard of decorum expected from judicial officers, saying “the many infractions of Justice Walter Onnoghen are so grave, they have fouled the temple of Justice.

    “It is even most unfortunate that this man was sitting in the highest judicial office of the land. He has embarrassed the legal profession and brought shame and disdain to the judiciary.

    “We must not treat this matter with kid gloves. We expect the toughest sanctions to be meted out to him. What Justice Onnoghen has done does not deserve mercy but serious punitive and corrective sanctions that must send a clear message to other members of the Bench, while assuring Nigerians that the judiciary still remains the last hope for the common and even uncommon man.”

    CHRICED, on its part, recommended summary dismissal of Onnoghen to send a clear message that the law is no respecter of anyone.

    The body faulted the NJC for recommending compulsory retirement for Onnoghen, saying it was strange that the Council would propose a soft landing for the suspended CJN even after it had established that funds running into millions in foreign currencies were traced to his bank accounts.

    REad also: Onnoghen: The man, the judge, the end

    It said potential investors and partners of Nigeria are closely watching to see if the judiciary would rise up to the occasion by using the Onnoghen case as a litmus test to demonstrate readiness to address the rot in the system.

    It demanded summary dismissal of Onnoghen to send a clear message to the public that the action taken against Onnoghen by the Federal Government was meant to clean the Augean stable in the judicial arm of government.

    CHRICED made its position known in a statement signed by its Executive Director, Comrade Dr. Ibrahim M. Zikirullahi.

    The statement said: “The Resource Centre for Human Rights & Civic Education (CHRICED) is seriously concerned about reports making indicating that the National Judicial Council (NJC) has recommended that President Muhammadu Buhari should compulsorily retire suspended Chief Justice of Nigeria, Walter Onnoghen, with full benefits and privileges.

    ‘For us, it is curious that the NJC is making this kind of recommendation, despite establishing a clear case of judicial misconduct and unbridled corruption against the suspended CJN.

    ‘As the organisation which spearheaded the efforts of credible civil society organisations (CSOs) to investigate and report Onnoghen’s asset declaration infractions to the NJC, CHRICED finds it strange that the Council is proposing a soft landing for the suspended CJN even after it has established that funds running into millions in foreign currencies were traced to the bank accounts of Onnoghen, which he could not convincingly explain how he came about such huge amounts that were far above his legitimate income as a judicial officer.

    “In the course of the hearing at the NJC, it was also established through extensive documentary evidence, and by the admission of the suspended CJN himself, that he breached the Code of Conduct for public officers by his failure to declare his assets as required by law.

    “With these facts in mind, it is our considered position that the NJC is working towards rewarding the breaking of laws, financial impunity and judicial corruption by making this kind of recommendation.

    “The proposed steps give the impression that the judiciary as an institution is not prepared to clean up its act in the face of the deep rooted problem of corruption.

    “CHRICED therefore calls on the President not to accept the NJC recommendation, which would further embolden misconduct in the judiciary.

    “Given the weight of the infraction committed, and as admitted by the CJN, the kind of punishment which would serve as deterrent to other judicial officers is nothing less than summary dismissal of Onnoghen. This would send a clear message to the public that the action taken against Onnoghen by the Federal Government is to clean the Augean stable in the judicial arm.

    “For the umpteenth time, CHRICED deems it necessary to remind the NJC and all other institutions connected with this case that the whole world, including potential investors and partners of Nigeria, are closely watching to see if the judiciary would rise up to the occasion by using the Onnoghen case as a litmus test to demonstrate readiness to address the rot in the system.

    “If the soft landing being recommended is allowed to stand, then the impression would have been further created that the rule of law, justice and accountability have no place in Nigeria’s judicial system.

    “Such precedence would also damage public confidence in the anti-corruption drive, especially as it would fuel the narrative of a separate kind of justice for the rich and powerful, while there is another kind of justice for the poor and less-connected citizens.

    “Finally, CHRICED hopes that in taking a final decision on this case, the President would be guided by clear provision of the 1999 Constitution as amended, which unambiguously mandates in Section 15(5) that: ‘The State shall abolish all corrupt practices and abuse of power’.

    “Only a faithful application of the laws of the land would guarantee a just and fair closure of the Onnoghen matter.”

  • Breaking: Suspended CJN, Onnoghen resigns

    The suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has resigned from office.

    A senior lawyer in suspended CJN’s defence team in his trial at the Code of Conduct Tribunal (CCT) told The Nation that Onnoghen put in a resignation letter on Thursday, which he sent to the office of President Muhammadu Buhari.

    READ ALSO: How we investigated suspended CJN, by CCB investigator

    “I spoke with him a moment and he confirmed that he has voluntarily resigned. He said he did that yesterday,” the source said.‎

    Efforts to get a formal confirmation or denial from the Supreme Court and Onnoghen’s spokeman, Awassam Bassey has been unsuccessful.

    Bassey failed to pick calls to his mobile telephone.

    Details shortly.

  • Onnoghen closes case at CCT after calling a witness

    Suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen ended his defence yesterday in his trial before the Code of Conduct Tribunal (CCT). He is being tried for alleged breach of the code of conduct for public officers.

    Justice Onnoghen, who called his personal driver, Lawal Busari, as his first witness on Monday, failed yesterday, to call more witnesses.

    His lawyer, Adegboyega Awomolo (SAN) had, on Monday informed the tribunal that the defence would call between two to three witnesses, including Mrs. Theresa Nwafor, a director, on whom a subpoena was issued at the instance of the defence.

    Mrs. Nwafor was expected to appear before the tribunal yesterday as Justice Onnoghen’s witness.

    The defendant was expected to resume his defence when the case was called only for his lawyer, Chris Uche (SAN) to inform the tribunal that the defendant was done with his case.

    Uche, while addressing the tribunal Chairman, Danladi Umar, said:”My lords, today is for continuation of trial.

    “But my lords, after a deep review of the evidence led by the prosecution and the defence, the defence has come to conclusion and we have closed our case.

    Read also: NJC abstains from considering allegations against Onnoghen, Muhammad

    “Pursuarnt to paragraph 14 of the Practice Direction of this honourable tribunal, we apply to file our final written addresses.”

    Uche prayed the tribunal for 14 days to enable him file his client’s  final written address.

    Lead prosecution lawyer, Aliyu Umar (SAN), said the defence informed him before hand that it would close its case yesterday.

    Umar urged the tribunal to allocate time to the parties as it wishes.

    The tribunal’s chairman directed the defence to file and serve its address on or before April 8.

    He also directed the prosecution to file and serve its address on or before April 11.

    The tribunal chairman added that should there be need for a reply on point of law, it should be filed on or before April 15.

    He adjourned to April 15 for parties to adopt their final written addresses, following which a date would be fixed for judgment and rulings on already heard applications that had been heard.

    One of the applications on which ruling is reserved is that challenging the jurisdiction of the court to hear the charge against Justice Onnoghen.

    Another of such applications is that with which the defendant asked  the tribunal chairman to recuse himself from further presiding in the trial on the grounds that he had exhibitted bias in his handling of the case.