The lawyer to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, Adegboyega Awomolo (SAN) has explained why his client resigned.
Awomolo, while confirming that Onnoghen resigned on Thursday, said he (Onnoghe) said he acted in the interest of the judiciary.
The lawyer 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.”
Details shortly…
The National Judicial Council (NJC) rose from an emergency meeting on Wednesday and elected to be silent on its report on the probe of petitions against suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen and Acting CJN, Ibrahim Muhammad.
The NJC, which considered the report of its five-man committee constituted to investigate petitions against Onnoghen and Muhammad, said it has decided to send its report to President Muhammadu Buhari rather than making it public in view of “the nature of the decision reached
Its spokesman, Soji Oye said, in a statement on Wednesday, that the NJC refrained from considering the allegation relating to asset declaration involving Onnoghen, “because it’s was subjudice.”
The statement reads: “The National Judicial Council reconvened today in an emergency meeting to consider the report of the five-man committee constituted to investigate the allegations of misconduct made against Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I. T. Muhammad, CFR.
“Council decided that the allegations relating to assets declaration that were levelled against Hon. Mr. Justice W. S. N. Onnoghen, GCON were subjudice and therefore abstained from considering them.
“Council reached a decision on the petitions written by Economic and Financial Crimes Commission (EFCC) and others and conveyed its decision to President Muhammadu Buhari, GCFR.
“Council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Mr. President.”
The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, on Wednesday, at the Code of Conduct Tribunal, Abuja, closed his defence in his ongoing trial on the charges bordering on assets declaration breaches, after calling his driver of 20 years as his first witness.
Lead counsel to Onnoghen, Chief Chris Uche(SAN), told the court that after taking a deep consideration, the defence closes its case.
“Pursuant to paragraph 14 of the Practice Direction of the CCT, we will be applying to file our final written addresses.’’
Uche asked the court gove the counsel in the matter 14 days within which to file in their written addresses.
He also applied to be obliged with the proceedings before the tribunal.
The prosecution led by Aliyu Umar, SAN, also prayed the court to be accord counsel enough time in order to file their own written address.
“Because time for filing of written address is not expressively provided for in the Practice Direction, that makes it a matter of discretion of the court,’’ Umar said.
However, the Chairman of the tribunal. Danladi Umar said that the tribunal has given the defence three working days, from April 4 to April 8 file their address.
The Chairman said the prosecution should file their address from April 9 to April 11.
He further adjourned the case until April for adoption of written addresses.
NAN reports that Onnoghen’s 60-year-old driver, Lawal Busari to the tribunal as his first defence witness following the March 29, ruling of the tribunal dismissing his no-case submission.
Busari entered the witness box, the tribunal issued an order of subpoena, on a director at the Code of Conduct Bureau, Mrs. Theresa Nwafor, to appear as the suspended CJN’s next witness on Wednesday.
This followed an earlier oral application by Onnoghen’s defence lawyer, Chief Adegboyega Awomolo (SAN), on Monday.
The lead prosecuting counsel, Umar, did not oppose the application for the subpoena.
In a bench ruling, the tribunal chairman ordered the issuance and service of the subpoena on Nwafor directing her to appear at 10 am on Wednesday.
Asked by the tribunal chairman, Awomolo said during the Monday’s proceedings that the defence had proposed to call “two or three witnesses for now.”
With Busari’s testimony concluded on Monday, it was not clear if the defence would close its case after Nwafor’s evidence on Wednesday or whether the suspended CJN himself would testify.
Testifying earlier, Busari, who described himself as the Chief Driver/Mechanic at the Supreme Court of Nigeria, said Onnoghen submitted his assets declaration form in 2010.
This was contrary to one of the six counts preferred against Onnoghen that he did not declare his assets between 2005 and 2016.
Led by Awomolo, Busari, who gave instances of how he had been well treated by Onnoghen, said the suspended CJN obtained his asset declaration form from the Asokoro office of the Code of Conduct Bureau in Abuja on July 28, 2010 and submitted same after completing it on November 4, 2010.
He said he drove Onnoghen to the CCB office where the
Lawyer to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, Adegboyega Awomolo has said the ease with which the Executive arm of government has treated the nation’s number one jurist with indignity shows that the Judiciary is weak, vulnerable and dependent.
Awomolo, who expressed discomfort that most influential judicial bodies and associations have kept mute while the head of the Judiciary was being oppressed, accused some elements in the Judiciary of working against the system.
In a statement issued on Monday, Awomolo, who leads Onnghen’s defence team in his trial at the Code of Conduct Tribunal (CCT), wondered why the courts treat political cases with dispatch but are reluctant to decide the appeals filed by the suspended CJN, in which the Court of Appeal in Abuja has reserved judgment for the past six weeks.
Awomolo said: “the case has clearly shown that Nigerian Judiciary is very weak, vulnerable and not independent. The security of tenure of a judicial officer is a mere wishful thinking. It is unthinkable that the head of the Judiciary will be treated the way Onnoghen was treated and not a whimper came from the body of men and women of highest distinction in the legal profession.
“Is it not dangerous that the President can appoint a Chief Justice without the recommendation of the National Judicial Council (NJC)? Whereas political matters and election matters were treated with dispatch, and judgment delivered within hours, the appeal of the Chief Justice of Nigeria, six weeks after argument was ordered to be kept away in the file.
“There is no association of Nigerian Judges to speak a word. Let no public officers or judicial officer at any level, throw stones because if not all, most are guilty as Onnoghen. Nobody knows who is next, a precedent has been laid. The honourable Attorney-General of the Federation seems pleased.
“Men, who sit in judgement over fellow human beings are representative of God on the earth and everyone shall face the almighty God, on the last day, to give account of his stewardship. On that day all secrets shall be laid bare.
“The Bar association has, by reason of personal leadership ambition, rendered ineffective, divided and weak. It is unable to speak boldly to secure the independence of the Judiciary. Elders of the Bar and men of good will should rise from their deep sleep.
“People, who must sit in judgment over others, must be men and women of character, learning and maturity. The mental status and background of such judges must be certified approved,”
Awomolo said the experience of Onnghen’s trial has brought to the fore the urgent need for institutional reforms to ensure that agencies like the Code of Conduct Tribunal (CCT) was made independent.
He said: “the framers of the Constitution of the Federal Republic of Nigeria, 1999 (as mended) omitted to give sufficient attention to the need for the Code of Conduct Tribunal, to secure its independence, impartiality and non-interference from outside the court.
“A situation where the Executive arm of the Federal Government is the custodian of the Code of Conduct for public officers, the enforcer of the Code of Conduct through the tribunal. It is the appointing authority of the members of the tribunal.
“In the proceedings in the tribunal, the Executive is the accuser, the Investigator, prosecutor, the witness and the judge, all roll together into one. This is unacceptable under the Constitution that guarantees independence of the three arms of Government.
“There is urgent need for constitutional reform. The Code of Conduct Tribunal must have courts established in each of the six geopolitical zones of the Federal Republic of Nigeria. Monopoly has the ability to breed corruption, arrogance, disregard for the due process and
The Code of Conduct Tribunal ( CCT ) has summoned a director at the Code of Conduct Bureau (CCB), Mrs.Theresa Nwafor in relation to the ongoing trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
CCT Chairman, Danladi Umar, on Monday, issued a subpoena on Mrs. Nwafor to appear before the tribunal on Wednesday at 10am, following an application to that effect by lawyer to Onngehen, Adegboyega Awomolo (SAN).
The tribunal had, on March 29, 2019 rejected Onnoghen’s no-case submission and adjourned to April 1 for him to open his defence.
At the resumption of proceedings on Monday, Awomolo informed the tribunal that the defence intends to call between two and three witnesses.
He said one of the proposed witnesses is Mrs. Nwafor. He proceeded that an order be made for the issuance and service of a subpoena on Mrs. Nwafor, summoning her to appear before the tribunal to testify in the case of the defence.
Lead prosecution lawyer, Aliyu Umar did not object to Awomolo’s application, following which the tribunal Chairman granted Awomolo’s application and ordered that Mrs. Nwafor appear before the tribunal at 10am on April 3.
Proceedings ended abruptly and on a rowdy note on Friday at the resumed hearing in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of conduct Tribunal (CCT) as his lawyers protested what they viewed as the highhandedness of the tribunal Chairman, Danladi Umar.
Adegboyega Awomolo (SAN), who led the team of lawyers for Onnoghen, accused the CCT chairman of oppressing the defendant and his lawyers when, shortly after delivering a ruling on the no-case submission made by the defendant, Umar insisted that the suspended CJN must open his defence on Monday (April 1, 2019).
Awomolo told Umar: “Stop oppressing us. This is not justice.”
He repeated the statements about three times when the CCT Chairman refused to yield to his appeals that the defendant be afforded sufficient time to prepare for his defence and be allowed to return next week Friday.
While Awomolo was still on his feet, pleading with the tribunal Chairman to reconsider his position, Umar stood up, announced that the proceedings have been adjourned till Monday and walked away, leaving the two other members of the tribunal to scamper after him.
As Umar and the other members of the tribunal walked out of the tribunal’s sitting venue, many lawyers in the defence team shouted in protest, saying: “This is not how to do justice.”
A dejected Awomolo, who appeared to have been taken aback by Umar’s conduct, said: “If this is justice, then, God bless Nigeria,” a statement he repeated about four times.
Proceedings had commenced earlier in the day on a friendly note, with the tribunal Chairman exchanging pleasantries with lawyers to both the prosecution and defence, when the case was called.
Shortly after, argued the defendant’s no-case submission and urged the tribunal to discharge and acquit his client on the grounds that the prosecution was unable to establish a prima facie case against the defendant.
Awomolo faulted the entire evidence led by the prosecution and exhibits tendered and urged the tribunal to hold that it is not worth it calling on Onnoghen to defend himself.
He said the entire proceedings have become a nullity because the process leading to the commencement of the trial did not comply with the procedure provided for in the CCB’s Standard Operating Procedure (SOP) 2017.
Awomolo made a lengthy submission, during which he cited many decided cases, including a 2013 ruling by the tribunal (a copy of which he later offered the tribunal), urged the tribunal to be guided by past decisions.
At the conclusion of his submission, the CCT Chairman commended Awomolo for his brilliant and “well-articulated” argument.
Prosecution lawyer, Aliyu Umar offered a counter-argument and urged the tribunal to reject Onnoghen’s no-case-submission and order him to enter defence.
The prosecution lawyer said the prosecution’s case was simple and relates mainly to the defendant’s failure to declare his assets.
He said; “We are not accusing him of having $300m in his accounts. What we are saying is that he failed to declare his assets on his appointment as Justice of Supreme Court and that he operated domiciliary accounts since 2009 and 2010 without declaring them.”
After listening to the arguments by parties, the tribunal Chairman, to the dismay of most of those at the proceedings, announced that ruling would be delivered in two hours’ time.
When the tribunal resumed around 2pm, Umar read his ruling, in which he rejected the submission by Awomolo.
He rejected Awomolo’s argument that the process leading to the filing of the charge was not in accordance with the procedure provided in the CCB’s SOP.
Umar note that the SOP, which was a creation of the former board of the CCB, led by Sam Saba, was no longer in use because it had been abused by that board.
CCT Chairman said the operations of the CCB were currently being guided by the Constitution since it has discarded the SOP, which he said, the former board abused.
The CCT Chairman accused the defendants of deploying technicalities to prevent the hearing of the case despite the glaring evidence, suggesting that the defendant has a case to answer.
Umar said the tribunal was not bound by technicality, but was interested in always ensuring justice.
He refused the no case submission and said the tribunal was convinced that the prosecution has established a prima facie case, warranting the defendant to enter his defence if he has any.
The tribunal Chairman added: “The defendant himself, made a written admission, without duress, that he forgot to declare the domiciliary accounts maintained in Standard Chartered Bank. That is, the euro account, the dollar account, the pound sterling account and the two naira accounts.
“His confessional statement is more than enough to warrant the defendant to enter defence, if he has any.
“The tribunal shall never be swayed from exercising justice, no matter who so ever appeared before it, irrespective of his/her status in life. After all, all of us are from the same source – dust.”
Umar added that by the evidence led by the prosecution through its three witnesses, and the documents tended, including the statement by the defendant, “where he confessed that he forgot the accounts and that he made mistakes in not declaring the accounts,” are sufficient to make the tribunal demand that the defendant defend himself against the charges.
He said the need for the defendant to defend himself was “to clear his name, because the name has been tainted so much.” He proceeded to reject the no-case submission and ordered the defendant to “enter a defence.”
At the conclusion of the ruling, Awomolo applied that a certified-true-copy (CTC) of
The Code of Conduct Tribunal (CCT) has scheduled ruling for 1.30pm on Friday in the no-case submission made by suspended Chief Justice of Nigeria (CJN), Justice Wanter Onnoghen.
Onnoghen is being tried for non-declaration of asset, in a six-count charge instituted by the Code of Conduct Bureau (CCB).
CCT Chairman, Danladi Umar announced, after taking arguments from parties this morning, in relation to the no-case-submission, announced that ruling would be delivered this afternoon.
Adegboyega Awomolo (SAN) who argued for Onnoghen, urged the tribunal to discharge and acquit his client on the grounds that the prosecution was unable to establish a prima facie case against him.
Awomolo faulted the entire evidence led by the prosecution and exhibits tendered and urged the tribunal to hold that it is not worth it calling on Onoghen to defend himself.
He said the entire proceedings have become a nullity because the process leading to the commencement of the trial did not comply with the procedure provided for in the CCB’s Standard Operating Procedure (SOP) 2017.
Prosecution lawyer, Aliyu Umar offered a counter-argument and urged the tribunal to reject Onnoghen’s no-case-submission and order him to enter defence.
Umar said the prosecution’s case was simple and relates mainly to the defendants failure to declare his assets.
He said; “We are not accusing him of having $300m in his accounts. What we are saying is that he failed to declare his assets on his appointment as Justice of Supreme Court and that he operated domiciliary accounts since 2009 and 2010 without declaring them.”
Details shortly…
The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, on Friday accused the Code of Conduct Tribunal (CCT) of not following its set Standard Operation Procedures in instituting the case against him.
Onnoghen made the accusation during his resumed trial in Abuja.
NAN reports that Onnoghen is being arraigned at the CCT following a charge against him brought by the Code of Conduct Bureau in January.
The CCB accused Onnoghen of failing to declare his assets from June 2005, after he became a Justice of the Supreme Court till December 2016, two months after the Federal Government raided the homes of several judges, including those of the Supreme Court in October 2018.
According to the six-count charge brought against him, Mr Onnoghen is also accused of false declaration of his assets, following his alleged failure to include some domiciliary accounts managed by the Standard Chartered Bank.
The accounts, created in 2011 and used for the transfer of foreign currencies, were omitted in one of two forms filled on December 14, 2016, by Mr Onnoghen.
According to section 3(d) of the CCB act, the Bureau is empowered to receive complaints about cases of non-compliance with or breach of the act.
The section also empowers the CCB to refer such non-compliance to the CCT where the public officers accused of the alleged breach, will be tried according to the provisions of the act.
NAN reports that the prosecution team led by Aliu Umar, presented three witnesses before closing its case on March 21.
The suspended Chief Justice of Nigeria, Justice Walter Onnoghen may face two fresh trials on alleged huge deposits in his accounts.
There were indications that Justice Onnoghen might be tried for alleged several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.
The latest cases also border on alleged strange deposits in his accounts and cash gifts from some Senior Advocates of Nigeria( SANs).
It was learnt that the Federal Government has delayed the arraignment of the CJN in deference to the constitutional provisions on the National Judicial Council ( NJC).
The constitution stipulates that such allegations against a judicial officer should first be presented to the NJC.
The Economic and Financial Crimes Commission( EFCC) has submitted a petition and a comprehensive report on Onnoghen’s accounts to the NJC.
A government official, who spoke in confidence with select reporters, said there are three dimensions to the allegations against Justice Onnoghen.
He said apart from the trial of Justice Onnoghen at the Code of Conduct Tribunal (CCT), there might be two other cases against him.
The source said the suspended CJN might be arraigned before a High Court of Justice very soon.
The source said: “When President Muhammadu Buhari decided to suspend Chief Justice Walter Onnoghen on the 25th of January, 2019, it was in response to serious allegations of irregularities, illegalities and criminal conduct contained in petitions submitted against the top judicial officer, and indeed some findings of the Economic and Financial Crimes Commission (EFCC), which not only substantiated those petitions but threw up even more damning facts.
“Since then, there have been several public revelations and judicial proceedings which are sometimes confusing to members of the general public.”
”For clarity, there are two different cases currently ongoing before constituted panels and a separate ethical issue in the public domain,
“The first point of focus has been the failure of the Chief Judge to declare his assets immediately after taking office and every four years thereafter, as required by the 1999 Constitution, which is the supreme law of the land, and the Code of Code of Conduct Bureau and Tribunal Act.
“This particular illegality has been admitted in writing by the Chief Justice himself and is a matter for criminal prosecution now before the Code of Conduct Tribunal (CCT).
“But we must note that because of its specialised nature, CCT has a narrow jurisdiction and the case before it is confined to the issues of asset declaration, failure to declare assets as required by law and false declaration of assets.
“That is what the CCT had been hearing since charges were first filed against the CJN on the 10th of January, 2019.
“The prosecution recently closed its case and lawyers to the suspended CJN are now to open the defence or make a no case submission. Just for clarity, it is worth emphasising that the CCT will only treat issues relating assets declaration.”
The source gave insights into the new cases against the suspended CJN.
He added: “The more interesting aspect of the suspended CJN’s dilemma involves allegations of several breaches of the criminal and anti-corruption laws, including money laundering, bribery and tax evasion.
“It is alleged, for instance, that the suspended CJN is the owner of some domiciliary accounts primarily funded through US dollar cash deposits made by himself.
“More disturbing is the pattern of deposits which, according to EFCC, were made in a manner inconsistent with financial transparency and the code of conduct for public officials. These include instances of repeated cash deposits of 10,000 US dollars each, totaling close to two million dollars.
“These serious allegations would ordinarily have gone to the High Court for prosecution, but for a case precedent which stipulates that such allegations against a judicial officer should first be presented to the National Judicial Council, more or less an internal disciplinary panel for erring judicial officers, before being prosecuted in a criminal court.
“The allegations of unexplained wealth, huge cash deposits being made into the suspended CJ’s Naira, dollar and pound sterling accounts directly from the court and well beyond his estacode and other allowances; unexplained payments into the suspended CJN’s account by lawyers who at the same time were appearing before him for adjudication, etc, are currently being handled by the NJC and would be filed in court after the NJC has made its decision on them.”
Responding to a question, the top source said: “We must not miss the point that EFCC is also a petitioner against the suspended CJN.
“After carrying out an extensive investigation, some of the findings submitted by the Commission are truly shocking.
“For instance, there are findings to the effect that the CJN allegedly received a Mercedes Benz car and dollar cash deposits from Joe Agi, appearing, who is a Senior Advocate.
“Worse still, the CJN is shown to have received cash gifts directly into his bank accounts from several other senior advocates.
“These implicating cash transactions were going on, in dollar and Naira, even up to 2017 and 2018.
“Even as the world eagerly awaits the decision of NJC on these matters, it is pertinent to emphasize that the conclusion of the cases before the CCT and NJC is not likely to be the end of the matter. Criminal charges are still to be filed in court.”
Mr. Aliyu Umar (SAN), the lead prosecutor in the trial of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, said yesterday that the Federal Government did not table allegations of undeclared $3million against Onnoghen before the Code of Conduct Tribunal.
He also said all the six charges against Onnoghen made no references to 55 houses.
Government, he said, only accused Onnoghen of breaching the Code of Conduct Act with his failure to declare and disclose five Standard Chartered Bank’s Statement of Accounts in his Asset Declaration Form.
He said the Economic and Financial Crimes Commission (EFCC) wrote a separate petition to the National Judicial Council (NJC) on some accounts and issues on inflows into Onnoghen’s accounts.
The Nation gathered yesterday that the EFCC had quizzed the driver to the CJN, Mr. Emmanuel Essien as part of its ongoing probe.
Essien was released after his interrogation by the operatives of the anti-graft commission.
Umar, who spoke exclusively with our correspondent, said: “There is a lot of falsehood in the public space which I need to correct. The government did not file complaints bordering on $3million and 55 houses against Onnoghen before the Code of Conduct Tribunal.
“I am aware that the EFCC wrote a separate petition to the NJC on some alleged infractions, including the accumulated $3million in Onnoghen’s accounts but those allegations are not before the CCT. The NJC is handling this matter separately.
“There is a deliberate attempt to mislead the public by using the proceedings at the tribunal to address the petition before the NJC. They are even alleging that the prosecution could not prove its case. There was a distortion of the proceedings of the tribunal to fit a propaganda focus.
“The case before the tribunal is just about failure to declare five accounts and alleged violation of the Code of Conduct Act. The same figures being twisted in the public space were the exhibits presented to the tribunal by the prosecution to prove its case against Onnoghen.
“The Exhibits the government presented to the tribunal were as follows:
“Any Nigerian is free to apply for a copy of the charges against Onnoghen at the CCT and he or she will know that they were explicit.
Quoting from “Further affidavit and Better Affidavit before the tribunal, Umar said: “We submit that there are two important reasons to be observed from this case against the defendant.
“These reasons are as follows: (1) The complainant no doubt is the body responsible for code of conducts of the public servants in Nigeria. (2) That the depositions and exhibits attached to the further affidavit glaringly show that the allegations of breach of code of conduct against the defendant are strong, cogent and compelling.
“We submit that by the strength of the allegations of the breach of Code of Conduct Act, the defendant was alleged to have failed to declare and disclose his five Standard Chartered Bank Statement of Accounts in his Asset Declaration Form of Public Officer Exhibit CCB 3 and Exhibit CCB5 deposed to in paragraphs 5-11 of the Further Affidavit.”
Umar dismissed allegations that the prosecution chickened out by closing its case when it had no fact.
He added: “The prosecution also did not close its case abruptly as being insinuated by some commentators. We listed six witnesses including the petitioner, a staff of Standard Chartered Bank and four from the Code of Conduct Bureau.
“Two staff of the Code of Conduct Bureau testified as PW 1 and PW2 and a staff of the Standard Chartered Bank testified for the prosecution. Those who came for the Code of Conduct Bureau were investigators and at a point during cross-examination, it was the defence which asked one of them that their testimony was likely to be the same.”
Meanwhile, the EFCC has interrogated a driver of the CJN, Mr. Emmanuel Essien.
A source said: “As part of our investigation, we interrogated Essien and released him afterwards. We will still need to interact further with him,” a top source added.
The Coalition of United Political Parties (CUPP) alleged yesterday that Essien was abducted.
The coalition, in a statement by its spokesman, Ikenga Imo Ugochinyere, also condemned the interrogation of Essien.
It said: “The CUPP sees this new offensive against Onnoghen as one too many.
“We note that the government, having seen from yesterday’s proceedings at the Code of Conduct Tribunal that the trump up charges filed against him may not fly, has resorted to hunting for evidence to further indict him.
“We reiterate our position that President Muhammadu Buhari is desperate to see Onnoghen resign without any justifiable reasons.”