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Tag: CJN

  • CJN Onnoghen denies alleged raid by EFCC on his home

    The Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, has denied reports that his official residence was on Tuesday, invaded by operatives of the Economic and Financial Crimes Commission, EFCC.

    Recall that the CJN has been locked down in a legal battle with the Federal Government over the propriety of a six-count charge that was preferred against him before the Code of Conduct Tribunal, CCT, following his alleged non declaration of some of his assets.

    He was due for arraignment before the CCT on Monday but he was absent from court.

    However, the Federal High Court in Abuja on Monday stopped the FG from embarking on further arraignment at the CCT.

    Reacting to the report which has continued to gain traction in several social media platforms, Senior Special Adviser to the CJN on media, Mr. Awassam Bassey, described it as false news.

    In his words: “I really don’t know where they got the information from. So many media men were here earlier with cameras over the same report. But what I can tell you for now is that there was no such thing. It is false news.”

    According to reports, the alleged invasion of the CJN’s home emanated from a tweet from the former Minister of Aviation, Chief Femi Fani-Kayode.

    Fani-Kayode had in the said post, asked President Muhammadu Buhari to immediately call off EFCC from Onnoghen’s residence.

    He tweeted: “Why have the EFCC surrounded the home of CJN Onnoghen and why are they seeking to arrest him?

    “These people want Nigeria to burn! Buhari call off your dogs before it is too late!

    “This is a democracy and not a gestapo state! In the name of God let this madness stop.”

     

    …EFCC refutes invasion story

     

    The Economic and Financial Crimes Commission (EFCC) has also debunked invading the official residence of the CJN.

    The EFCC in a statement released on Tuesday night to dose tension raised by he purported invasion said the report was fake.

    Read full statement below:

    EFCC Reacts to Alleged Plan to Arrest CJN Onnoghen

    The attention of the Economic and Financial Crimes Commission, EFCC has been drawn to the falsehood which has been spreading on the social media that the EFCC has arrested the Chief Justice of Nigeria, Justice Walter Onnoghen.

    This is not only a figment of the imagination of the purveyor of the fake news, but an evil machination by the creator and carriers of the news aimed at creating anarchy in the country.

    For the record, the EFCC never went to the house of the CJN for arrest neither was invitation extended to him. Several calls and short messages received all point to the fact that the brains behind the fake news had one thing in mind: to act as agent of destabilization. We would not give in to their plots.

    One of the architect of the fake news, Femi Fani-Kayode, was quoted as saying “Why have the EFCC surrounded the home of CJN Onnoghen and why are they seeking to arrest him?

    These people want Nigeria to burn! Buhari call off your dogs before it is too late! This is a democracy and not a gestapo state! In the name of God let this madness stop”.

    Another arrowhead of the fake news, Yinka Odumakin shared a non-existent video which has gone viral. We want to assure Nigerians that while we would fight corruption in line with the mandate setting up the Commission, agents of darkness, in the likes of Femi Fani-Kayode, Yinka Odumakin and his cohorts, would never be able to manipulate the people against the Commission.

    We also want to assure Fani-Kayode, Yinka Odumakin and other purveyors of the evil news to be ready to defend their actions in the court of law as the EFCC will file libel suit against them without further delay.

    Tony Orilade Ag. Head, Media & Publicity

     

  • CJN: Follow due Process – Urhobo Union tells FG

    The President General of Urhobo Progress Union Worldwide (UPU), Olorogun Moses Taiga, has advised the Federal Government to follow due process in the handling of the false asset charges against the embattled Chief Justice of Nigeria, Justice Walter Onnoghen.

    While acknowledging that Justice Onnoghen is not above the law and immune from prosecution, Taiga said the right channel should be followed. He noted that “normally, Justice Onnoghen, as a judicial officer, should first of all face the National Judicial Council (NJC). It is only after he is found guilty by the NJC that he can be arraigned before the Code of Conduct Tribunal or a court of competent jurisdiction.

    “The UPU is worried about the speed with which the CJN is being arraigned. The petition was dated January 7. Within a week, the Code of Conduct bureau (CCB) had concluded investigation and the CCT was ready to arraign the CJN. It raises suspicion in a country where the judicial system is usually very slow.”

    “The UPU PG is also worried about the timing of the trial. While people can be tried at any time, the atmosphere in the country is already tensed and this trial could worsen the situation.” Olorogun Taiga therefore advised that the government should first follow due process and thereafter commence trial, if need be, after the election when the election fever would have been over.

    Taiga also used the opportunity to call on the Independent National Electoral Commission (INEC) to conduct a free, fair and credible election, just as he called on the federal and state governments to refrain from acts that could cause chaos before, during and after the election. “Let the will of the people prevail,” Taiga concluded

  • JUST IN: APC condemns Onnoghen’s absence in court, insists CJN must face trial

    JUST IN: APC condemns Onnoghen’s absence in court, insists CJN must face trial

    The ruling All Progressives Congress (AP) on Monday condemned the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen while insisting that the embattled CJN must face his corruption trial at the Code of Conduct Tribunal (CCT).

    The ruling party said the noise being made by the Peoples Democratic Party and some elements in the bar was an indication of unholy alliance to frustrate the fight against corruption.

    This was contained in an address by the National Publicity Secretary of the All Progressives Congress, Lanre Issa-Onilu, on Monday.

    “Following the notice of the charges preferred against the Chief Justice of Nigeria, Justice Walter Onnoghen, by the Code of Conduct Bureau at the Code of Conduct Tribunal, the Peoples Democratic Party has been on overdrive vituperating over an issue that should at best be left to the judiciary to resolve,” Issa-Onilu said.

    Continuing, he noted, “While we would not want to be lured into discussing issues that are presently before the courts and for which any respectable political party hoping to hold positions of responsibility should restrain itself, we regret to suggest that the PDP’s attempt to hoodwink Nigerians into believing that there is a political motive behind the allegation brought against the CJN might itself be indicative of some unholy alliances.

    “The likely affinity existing between the PDP and a section of the judiciary is further accentuated by the nonappearance of Justice Onnoghen before the Code of Conduct Tribunal on Monday, in line with the suggestions made by the PDP governors from the South South on Sunday.

    “Are Nigerians expected to see this as a mere coincidence? Is the PDP and their governors acting a script? Haven’t we missed an opportunity to show confidence in an institution headed by the CJN?

    “This becomes more worrisome, knowing that the PDP campaigns have been receiving cold shoulders everywhere they have gone to and it has become apparent the party and its presidential candidate are facing imminent defeat in the February 2019 elections and may be searching for some unorthodox means of forcing itself on the Nigerian people.

    “If this were not so, the PDP should, before coming to these distracting conclusions, have taken cognisance of the facts of the allegations made against the CJN and his admission to the facts so stated.

    “The only logical conclusion in the circumstance is that realising the refusal of Nigerians to allow the deception of the PDP con them into returning the party to power, the opposition party has alongside some pliable human rights activists devised a plot to distract the APC and indeed the good people of Nigeria from addressing the very important issues on the APC’s manifesto in the electioneering process.”

    Issa-Onilu claimed that the APC has also noticed “the very dangerous attempt to designate the CJN’s arraignment along ethnic and religious lines, thereby trying to heat up the polity by evoking primordial sentiment which would do the country no good.”

    “This is an ungodly ploy when we consider that the CJN was an officer of the federation rather than that of any region,” he warned.

    “We therefore urge all Nigerians of good conscience to caution the PDP as the country is bigger than any political party or the interest it represents, and nothing should stop the country’s steady march into sustainable democratic governance.”

    “In our earlier statement on the CJN’s CCT trial, we had noted the PDP’s shocking and innate proclivity to defend cases of corruption anytime it arises.

    “The call by the PDP South South Governors for the CJN to boycott the CCT trial further cements our position. Let it be reiterated that nobody– no matter how highly placed — should be above the laws of the land.

    “We wish to put on record that the virulent attack that has come from the PDP in the wake of the trial of the CJN over alleged false asset declaration is particularly worrisome and suspicious when the PDP has in fact called for the removal of virtually all heads of government’s arms, particularly the Chairman of Independent National Electoral Commission and Inspector General of the Police over frivolous issues.

    “While the will not be drawn into debates on the legality and sponsored conspiracies of the CCT trial, we insist that our democratic and constitutional institutions must be allowed to operate without interference and undue pressure from partisan and sundry interests as being done by the PDP and its cronies.

    “The CCT trial is a legal matter, let the law run its course. The CJN must go through the instrumentalities of the courts, more importantly as an institution he represents. Indeed, this is the true test of our constitution, rule of law and will deepen democracy.

    “Where there are contestations on institutional procedures, we must allow same institutions perform their functions unhindered, autocorrect if necessary and set good precedence on future matters.

    “This is the only way we can build strong and lasting institutions,” Issa-Onilu concluded.

     

  • BREAKING: Tribunal adjourns till Jan 22 for hearing on CJN Onnoghen’s trial

    The first hearing in the false asset declaration suit filed against Chief Justice of the Federation (CJN), Justice Walter Onnoghen opened on Monday at the Code of Conduct Tribunal (CCT) in Abuja has been adjourned till January 22 (Next week Tuesday).

    The scheduled trial, which has sparked reactions across the the country with many accusing the President Muhammadu Buhari led administration of trying to oust the chief judge shortly before presidential election, to ensure he faces no risk of unfavourable court decision should the poll be disputed.

    At the hearing on Monday, dozens of senior lawyers stormed the court to defend the chief justice who was conspicuously absent.

    Wole Olanipekun (SAN) led a team of 46 other senior lawyers to enter defence for the chief justice.

    Onnoghen, Nigeria’s 17th Chief Justice, is the first serving Chief Justice to be arraigned for criminal offences. There is no immediate record of any former chief justice being charged in a similar manner, either.

    How the charges were filed has been amongst the most controversial aspects of the development since its disclosure on Saturday.

    The petition was forwarded to the Code of Conduct Bureau on January 9 by Dennis Aghanya, a former media aide to President Muhammadu Buhari and a member of the ruling All Progressives Congress in Enugu State.

    Lawyers, including the Nigerian Bar Association, have argued that Onnoghen’s trial would not stand because he has not been previously investigated and indicted by the National Judicial Council as required by an existing judgement.

    They rely on a decent decision of the Appeal Court in Lagos, which said the NJC must first sanction a serving Judge before they can be arraigned in any court.

    Although that Appeal Court judgment, which was delivered against the Economic and Financial Crimes Commission, was appealed by the anti-graft office to the Supreme Court, no verdict had been reached on the matter.

    Onnoghen, who was confirmed Chief Justice in March 2017, is from Cross River State.

    On Sunday, five governors of the South South region, where where the embattled CJN hails from, held an emergency meeting and urged the jurist to ignore the charges and not attend the trial.

    How the trial went in court

    Meanwhile, when Danladi Umar, the Code of Conduct Tribunal chairman, called the CJN’s case at about 10:08 on Monday, the CJN was declared absent.

    The led defence, Wole Olanipekin began by challenging the jurisdiction of the case.

    “You have to first determine whether you have the jurisdiction to try this matter,” Olanipekun said to the tribunal chairman.

    Olanipekun said the CJN has not been indicted by the National Judicial Council (NJC) as legally required of serving judges before his matter was picked up by the tribunal following a petition filed by a member of the ruling All Progressives Congress (APC).

    Olanipekun also said Onnoghen was not given enough time to prepare for his arraignment before being summoned by the tribunal.

    The prosecution lawyer, Aliyu Umar, however said he had just been served with the application and argues that the arraignment ought to have taken place before any application is brought.

    Responding, Olanikpekun, asked if the tribunal had ordered a specific date for the arraignment.

    Olanipekun said the prosecution cannot talk of the arraignment of the person who has not been properly served and who has even appeared in protest of the matter.

    Umar, the prosecution counsel, however said there is no law that states a defendant shall refuse to appear before a court and say that he is contesting a suit.

    “He should be here. He may refuse to be arraigned and say that he is contesting the case,” he said.

    To which Olanipekun responded, “My learned friend with due respect is talking of what he thinks. We are talking of the law”.

    Reading through a 2018 judgement, Olanikpekun insisted that the arraignment cannot start where there is a problem with the process.

    “He said the presence of the accused person is only mandated when the trial officially commences.”

    Aliu responded by saying that no application should be heard where a plea has not be taken.

    He has asked the tribunal to give an order that the CJN be served again, but on a personal note.

    Umar also asked that a date be selected this week to serve the CJN.

    However, Olanikpekun insisted that the date cannot be within this week because the matter involves direct service to the CJN.

    Following pleas by Olanikpekun, the tribunal adjourned the matter till next Tuesday.

     

  • The case against CJN Onnoghen – Content of the petition

    Barring a late minute change, the Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, has a date in court in Abuja tomorrow for alleged failure to declare some of his assets, including about $3million.

    Onnoghen is scheduled to be arraigned before the Code of Conduct Tribunal (CCT).

    The Federal Government has already filed a six-count charge against him in that respect.

    The $3million in said to be lodged in five accounts.

    The domiciliary and Naira accounts in the Standard Chartered Bank are coded as USD account No. 870001062650; Euro account No. 93001062686; Pound Sterling A/CNo. 285001062679; e-Saver Savings (Naira) account No. 5001062693; and a Naira A/C No. 010001062667.

    The alleged undeclared amount is put at about $3million in the evidence before the CCT.

    The charge sheet is dated January 10 and filed on January 11.

    Onnoghen will be prosecuted by the Code of Conduct Bureau (CCB) through the Attorney-General of the Federation (AGF), Mallam Abubakar Malami (SAN).

    The application to put the CJN on trial was filed by two prosecutors, Musa Ibrahim Usman and Fatima Danjuma Ali on behalf of the Attorney-General of the Federation and the Code of Conduct Bureau.

    The application reads: “Pursuant to Section 24 of the Code of Conduct Bureau and Tribunal Act, I hereby apply to the Tribunal for the commencement of trial for the offence of failure to submit all assets and liabilities contrary to Paragraphs 15(1) and (2), Code of Conduct Bureau and Tribunal Act, 11(1) of the Fifth Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and punishable under paragraph 18(1) and (2) of same constitution against Honourable Mr. Justice Walter S. Nkanu Onnoghen( GCON).

    “In support of this application, I attach herewith four copies of the charge, affidavit and summary of evidence consisting of a list of witnesses.

    “If the application is granted, we shall be relying on the facts disclosed in the summary of evidence and further evidence the tribunal may consider necessary at the trial.

    “I attach herewith four copies of the charge against the accused.”

    In an affidavit in support of the application by an investigator with the Code of Conduct Bureau (CCB), Mr. James Akpala said “it is in the public interest to charge the CJN.”

    He said: “I know as a fact that the Head Office of the Bureau received a petition alleging that the CJN failed to declare his assets according to the law.

    “I know as a fact that the defendant did not comply with the provisions of the Code of Conduct for public officers in that he failed to declare his assets after his elevation to the Supreme Court and immediately after taking oath of office in the year 2005 and he failed to declare his five Standard Chartered Bank accounts in his two forms CCB1 leveled 2014 and 2016 respectively.

    “The investigation had been concluded and it is in the public interest to charge the defendant. That all witnesses are ready and available to testify. That prosecution is ready to commence trial.

    “At the trial, the complainant will rely on the testimony of the witnesses set down in the list attached hereto and tender all relevant documents in proof of the case.”

    The allegations against the CJN are as follows:

    “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer serving as a Judicial Officer in the Federal Republic of Nigeria as a Justice of the Supreme Court failed to declare and submit a written declaration of all your assets and liabilities within the prescribed period of three months after being sworn in as the Justice of the Supreme Court of Nigeria on the 8th day of June 2005 and you thereby contravened the provisions of Section 15(1) of the Coded of Conduct Bureau and Tribunal Act Cap C15 Laws of the Federation of Nigeria( LFN) 2004 and punishable under Section 23(2) a, b, c, of the same Act.

    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank(Nig.) Limited Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (Euro) account No. 93001062686 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary(Pound Sterling) account No. 285001062679 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
    • “That you, Justice Walter Nkanu Onnoghen between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare an e-Saver Savings (Naira) account No. 5001062693 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
    • “That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely failed to declare assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) a Naira Account No. 010001062667 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
  • [Photo] Meet die hard Buhari supporter behind CJN’s petition, trial at CCT

    [Photo] Meet die hard Buhari supporter behind CJN’s petition, trial at CCT

    Dennis Aghanya, the Executive Secretary of the Anti-Corruption Research and Data-Based Initiative, is the author of the petition to the Code of Conduct Tribunal in which he alleged the Chief Justice of Nigeria, Justice Walter Onnoghen, failed to declare his assets.

    The petitioner is one of the founding members of the Buhari Organisation and he is the pioneer National Publicity Secretary of the defunct Congress for Progressive Change. Buhari contested the 2011 presidential election on the platform of the party.

    [Photo] Meet die hard Buhari supporter behind CJN's petition, trial at CCT

    Aghanya is and has been canvassing support for the President since he assumed office. He pleaded with the National Assembly to forgive Buhari when the lawmakers threatened to impeach him for spending $496m to buy Tucano jets for the military to fight Boko Haram in the North-East without following due process.

    Although Aghanya said Buhari’s action might have violated the laid down procedure, his intention was altruistic.

    Aghanya in 2017 lauded the efforts of the Kano State Governor, Abdullahi Ganduje, in the fight against corruption through curtailing drug abuse in the state. Aghanya’s group honoured the governor with an award of Best Governor in Curtailing Drug Abuse in the country.

    At the 2017 ARDI Media Merit Award of Excellence in Abuja, Aghanya said, “Governor Ganduje represents most of the values that the ARDI as an organisation is known for supporting the fight against corruption in Nigeria.

    “To be specific, he has taken the anti-corruption campaign to the grassroots by inaugurating the Kano State Public Complaints and Anti-Corruption Commission offices in all the 44 local governments of the state.”

    He added, “ The Ganduje administration remains committed to the fight against corruption in line with President Buhari’s campaign promises and his administration’s determination to end corruption.”

    Meahwhile, Aghanya has dismissed allegations that his petition against the CJN was instigated by President Muhammadu Buhari. He said he also took Buhari to court in 2011.

    He also said the CJN had already owned up to the allegations brought against him in the petition.

    Aghanya in an interview with The Punch on Saturday night said: “Did you not know that I once took Mr. President to court in 2011? I used to be one of his aides but I took him to court.

    “This is a petition by an NGO. What has Mr. President got to do with it? People are just trying to avoid a major issue. Our concern is to unveil irregularities. People should not try to politicise the good work we are doing.

    “The person the petition was written against owed up to everything. In issues of this nature, should we be sentimental or do we face facts?”

    Aghanya added that he would address a press conference on a yet-to-be-determined date over the development.

    Asked why the petition against Onnoghen was coming so close to the elections, Aghanya said there was no time lag in things of that nature.

    He noted that his organisation commenced investigation against the senior judicial officer about a year ago.

    He dismissed the allegations that the petition was politically motivated, adding that the ARDI should rather be commended for exposing the alleged misdemeanour of the CJN.

    Aghanya said it was not true that the petition was calculated to emasculate the judiciary or help President Muhammadu Buhari’s re-election in the forthcoming presidential poll, arguing that Nigerians should be more interested in the substance of the case.

    He said, “There is no time lag in things of that nature, but it appears people are leaving the substance of the case to pursue shadow. People have not looked at the merit of the case, so they are not bothered that something was going wrong and we had to point it out.

    “I weep for this country. How are we working for Mr President? Is it because we came up with a petition that was substantiated? Why should it be tied to the elections? It is immaterial. Even before he was sworn in as the CJN, there were cases established against him, but nobody had the courage to take them up.”

  • Alleged false asset declaration: CCT constitutes panel to try CJN Onnoghen

    The Code of Conduct Tribunal (CCT) has raised a panel to try Nigeria’s Chief Justice, Walter Onnoghen, who is accused of lying in his asset declaration.

    The tribunal on Saturday announced that corruption charges had been raised against Mr Onnoghen and the trial will commence on Monday.

    TNG gathered that the case is built on a petition filed by a civil society group, Anti-Corruption and Research Based Data Initiative.

    The petition dated January 7, 2019, accuses Mr Onnoghen of managing several accounts through which has been making transfers of local and foreign currencies in “a manner inconsistent with financial accuracy,” the petition signed by the group’s executive secretary, Denis Aghanya, said.

    In its statement, the CCT said the trial “was consequent to application filed by the Code of Conduct Bureau to the CCT Chairman yesterday for the trial to commence against the Chief Justice of Nigeria on six count charges”.

    “The application was filed yesterday by the operatives of CCB, dated 11st January, 2019 and signed by Musa Ibrahim Usman (Esq) and Fatima Danjuma Ali (Esq), containing 6 count charges all borders on non declaration of asset,” a statement signed by Ibraheem Al-Hassan, head of press and public relations of CCT, said.

    A three-member panel led by Justice Danladi Umar will commence the trial on Monday at its courtroom, situated at the headquarter, along Jabi Daki Biyu, Saloman Lar way, Abuja, at about 10:00 a.m.

  • [Exclusive] Alleged false asset declaration: Why attempts by FG to prosecute, remove CJN may fail

    [Exclusive] Alleged false asset declaration: Why attempts by FG to prosecute, remove CJN may fail

    Facts have emerged on Saturday on why the federal government instructed the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to vacate office in preparation for the commencement of his trial at the Code of Conduct Tribunal (CCT) on Monday.

    Findings by TNG showed that the pending trial against the CJN before the Justice Danladi Yakubu Umar led CCT was instigated by a petition filed by a group, Anti-corruption and Research based Data Initiative (ARDI) and partners on January 7 to the Chairman, Code of Conduct Bureau, Federal Secretariat, Abuja and was received on January 9.

    Further findings by TNG revealed that Danladi Agbanya who serves as the Executive Secretary of ARDI was a former media aide to President Muhammadu Buhari. He was also the National Publicity Secretary of the then Congress for Progressive Change (CPC); a political party founded in 2009 to pursue Buhari’s presidential bid in 2011. The party later merged with the then Action Congress of Nigeria (ACN) and three others to form the All Progressives Change (APC) which brought in Buhari as president in 2015.

    Based on the petition, the federal government on January 10 filed charges against the CJN, accusing him of asset declaration offences.

    The government said it was only in 2016 after the controversial crackdown on judges that Onnoghen partially declared his asset, but still failed to declare a series of bank accounts, denominated in local and foreign currencies, linked to him at a Standard Chartered Bank branch in Abuja.

    The government consequently filed six charges of non and fraudulent declaration of assets by Onnoghen, with trial expected to commence on January 14 at the CCT.

    Meanwhile, the CCT said in a separate statement Saturday afternoon that trial would commence on Monday at the premises of the Federal Capital Territory High Court in Jabi, commercial neighbourhood in Abuja.

    If the trial comes through, this could further strain relations between the judicial and the executive arms of the federal government, which had been largely tense since the raid on federal judges’s homes in October 2016.

    Recall that two judges of the Supreme Court were amongst those whose houses were raided. They were charged for corruption, but none of them has been found guilty of wrongdoing.

    A source declared on Saturday that scores of Senior Advocates of Nigeria, led by a prominent activist, are already in Abuja to defend Onmoghen before the tribunal.

    The source said: “This is a clear case of persecution. We don’t know why they are coming up with this but we strongly believe the government does not want Justice Onnoghen to be in office during and after the presidential election. The government will fail this time around”.
    However, TNG gathered that by virtue of the judgment of the Court of Appeal in respect of the case of Justice of Justice Hyeladzira Nganjiwa, the Chief Justice of Nigeria (CJN) and in fact, any serving judicial officer judge, cannot be tried by the Code of Conduct tribunal or even court, until the National Judicial Council, NJC would have dealth with the matter.
    Though, the matter is still on appeal at the Supreme court, the judgment still stands.

    As a matter of fact, based on that judgment, the Code of Conduct Tribunal had to discontinue the trial of Supreme court justice, Sylvester Ngwuta who was facing trial on alleged false declaration of assets.

    Similarly, the Federal High court had struck out money laundering charges against the Supreme court justice based on this judgment. Same thing in respect of Justice Ajumogobia.

  • Alleged false asset declaration: Atiku warns Buhari over planned removal, prosecution of CJN

    Alleged false asset declaration: Atiku warns Buhari over planned removal, prosecution of CJN

    The Presidential Candidate of the People’s Democratic Party (PDP) has warned President Muhammadu Buhari and the governing All Progressives Congress (APC) not to throw Nigeria into an avoidable crisis over their desperation to sack the Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen.

    In a statement issued in Abuja on Saturday by Atiku’s Special Assistant on Public Communication, Mr. Phrank Shaibu, the PDP candidate said the principle of separation of powers remains sacrosanct in a democracy irrespective of what President Buhari is being told by his advisers or the buttons they are pressing to forcefully remove the CJN.

    Atiku said the plot to sack Justice Onnoghen was a preemptive move against the bench in the face of imminent defeat and knowing the role that the judiciary plays in the final outcome of elections.

    He said, “We have just been made aware of the plot by President Muhammadu Buhari the All Progressives Congress (APC) to sack Justice Walter Samuel Nkanu Onnoghen using flimsy assets declaration issues as a pretext.

    “We are aware that there are plans to arraign Justice Onnoghen before the Justice Danladi Yakubu Umar led-Code of Conduct Tribunal on Monday, January 14, 2019.

    “The charge against Onnoghen, we understand has already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal.

    ”But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election.

    “Heavens did not fall when PDP lost to the APC in 2015. And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through.”

  • BREAKING: FG orders CJN to vacate office, to be arraigned before CCT Monday

    The Federal Government has asked the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, to immediately vacate his exalted office as Head of the Nation’s judiciary over alleged sundry asset declaration issues.
    In a move to force Justice Onnoghen out of office, the Federal Government will on January 14, 2019 arraign the CJN before the Justice Danladi Yakubu-led Code of Conduct Tribunal in Abuja on charges of failure to declare his assets as required by law and for operating Domiciliary Accounts.
    The charge, sighted by PRNigeria against Justice Onnoghen, has already been filed and served on him on Friday at his official residence in Abuja, preparatory for his appearance at the tribunal.
    The Federal Government among others is accusing Nigeria’s Head of the Judiciary of refusal to declare his assets in breach of the provision of the Code of Conduct Bureau Act.
    He is also being accused of maintaining domiciliary accounts made up of Dollars, Pound Sterling and Euro Accounts, which are alleged to be contrary to relevant laws, especially for public office holders.
    Justice Onnoghen, whose appointment suffered unprecedented delay by President Muhammadu Buhari over undisclosed issues, may be the first CJN in Nigeria to be arraigned for criminal charges by the Federal Government.
    Apart from putting the Chief Justice in the dock on Monday, PRNigeria learnt that a motion on notice is to be filed against him, praying the tribunal to order him to vacate office and recuse himself of the office so as to prevent alleged interference in his arraignment and trial.
    A Senior Advocate of Nigeria, who sought anonymity, has been engaged by the Federal Government to lead the onslaught against Justice Onnoghen, while PRNigeria could not ascertain the names of those who will lead the defence team for the CJN.
    It was gathered that eminent lawyers have volunteered to put their services at the disposal of Justice Onnoghen in the bid to rescue him from the claws of the government.
    It would be recalled the President of the Senate, Dr. Abubakar Bukola Saraki, was in 2015 shortly after he emerged the head of the legislature arraigned at the tribunal.
    But the charges against him were quashed and he was discharged and acquitted by the tribunal on the ground that the charges against him by the government were based on hearsay that could not stand in the face of the law.
    Saraki’s discharge and acquittal was upheld by the Supreme Court under the leadership of Justice Onnoghen.