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  • JUST: CCT fixes date for judgement in Onnoghen’s trial

    The Code of Conduct Tribunal on Monday fixed Thursday for its final judgment in the charges of false and non-declaration of assets instituted against Justice Walter Onnoghen, who reportedly resigned as the Chief Justice of Nigeria on April 4.

    The Danladi Umar-led three-man bench fixed the date for judgment after the prosecution led by Mr. Aliyu Umar (SAN), and the defence led by Mr. Okon Efut (SAN), adopted their final addresses.

    During the proceedings, the defence, in their final arguments, maintained that the prosecution failed to prove the six counts beyond reasonable doubt as required by law and urged the tribunal to dismiss the case.

    Efut maintained that the statement made by Onnoghen to the Code of Conduct Bureau was not confessional as alleged by the prosecution.

    He added that the charges, were incompetent and unconstitutional as they were based on the provisions of the Code of Conduct Tribunal and Bureau Act which were in conflict with the relevant provisions of the Constitution.

    But the prosecution said the defence team was only attempting to redefine what constituted “proof beyond a reasonable doubt”.

    He urged the tribunal to hold that the prosecution indeed proved the case beyond reasonable doubt and “return a guilty verdict”.

    Adjourning till Thursday for judgment, the tribunal chairman, said the verdict would be delivered along with two pending rulings on Onnoghen’s applications, one challenging the jurisdiction of the tribunal to hear the case and another one asking the CCT chairman to disqualify himself from further presiding over the case for being allegedly bias.

  • CCT Trial: FG seeks conviction as Onnoghen maintains innocence

    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.

    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.

    “We humbly urge your Lordship to hold that the prosecution has proved its case beyond reasonable doubt and proceed to convict the defendant.”

    However, the 21-man Defence team, led by Asiwaju Adegboyega Awomolo (SAN) urged the tribunal to “nullify the six counts in the charge sheets.”

    The team said: “the counts as laid in this case are confused and therefore are ambiguous, inherently defective and bad in all material particular.”

    They alleged that the “drafter of the counts, with respect, seems to be gambling.”

    The Defence said: “the counts, with respect, have no basis in law under which they are brought. “It is whether or not the defendant falsified any statement in any declaration and such statement has been verified by any authority or person authorized in that behalf and found same to be falsified. The law does not provide for a hybrid as stated in the counts.”

    Onnoghen’s counsel insisted that all the charges were in violation of the 1999 Constitution.

    They added: “The drafting of counts 1-6 in the charge sheet violates the Constitution of the Federal Republic of Nigeria1999 (as amended). We submit that the prosecutor in drafting his charges or counts must have regard to mandatory provisions of the Constitution

    “The six counts against the defendant violate the constitutional right of the defendant because the obligation placed on the prosecution by Section 36(6) (a) and (b) of the constitution were ignored and disregarded.

    “We rely on the decision of the Supreme Court in the case of Abubakar Saraki v. Federal Republic of Nigeria(2018) 6NWLR( PT. 1646) 405at pages 469, paras. B-D.

    “The six counts have no foundation or root in Section 15(2) of the Code of Conduct Bureau and Tribunals Act. The rules of interpretation of statutes whether constitution or Acts of National Assembly, is that when parliament specifically mentioned a thing or an act, the implication is that any other thing or act not mentioned in the law is excluded.

    “We pray that counts 1-6 in the charge sheets be nullified as unconstitutional , null and void because the law has become settled that when an act proceeding and any official act is unconstitutional, it is invalid, null and of no effect, nothing can be based on it including the prosecution of an innocent public officer.”

  • FG insists on continuing Onnoghen’s trial despite resignation

    Indications emerged on Wednesday that the Federal Government has opted to continue with the trial of the outgoing Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT).

    It was confirmed on Wednesday at the CCT that Onnoghen’s lawyers have filed their final address.

    The prosecution team is expected to submit its final address on Thursday (today).

    Justice Onnoghen is said to have bungled his chances to meet with President Buhari to resolve the impasse amicably in the interest of the Executive and the Judiciary.

    After Justice Onnoghen’s resignation, it was not immediately clear whether or not President Muhammadu Buhari would direct that his trial at the Code of Conduct Tribunal be stopped.

    While some government officials wanted the trial concluded, some members of the Bench and the Bar insisted on the decision of the National Judicial Council (NJC) to retire Justice Onnoghen.

    Although the President was said to be weighing options on the NJC’s report, which made recommendations on Justice Onnoghen’s future, a government official who spoke anonymously said his trial will be concluded.

    The source said: “The government will not withdraw the case against Onnoghen in CCT in order not to set a bad precedent.

    “We want the case to run its lifespan for posterity and to avoid reading of political meanings into it. When this case started, there was much uproar, that it was politically motivated by the presidency. We want the tribunal to decide the case on merit.

    “The NJC’s report also did not say that the trial be halted. It only demanded the retirement of Onnoghen. This is why no directive has been given to the Code of Conduct Tribunal, which is prosecuting the case, to withdraw the charges against the CJN.”

    The source, who stressed that there was no deal with Justice Onnoghen over his trial, claimed that the CJN bungled his chances to decide his fate in the interest of the Judiciary.

    The source added: “There were moves to prevail on the President not to allow the CJN to be on trial in CCT. The first window came from the Nigerian Bar Association(NBA) which sent a delegation to Vice President Yemi Osinbajo. The NBA team wanted soft-landing for Onnoghen. Some terms were agreed upon, including resignation or voluntary retirement by Onnoghen.

    “The NBA team was mandated to prevail on him to quit honourably in view of some overwhelming allegations and investigative reports on him. The CJN, who was initially amenable to reconciliation, later backed out.

    “The second mediation was about another proposed confidential session between President Buhari and Onnoghen, which was facilitated by some highly-placed Nigerians. They wanted the President to hear from Onnoghen to pave the way for his quiet retirement from office without subjecting him to trial.

    “The CJN consented to the session with the President but he aborted it at the last minute without any justifiable cause.

    “Onnoghen had over-relied on the outcome of NJC’s investigation – that it would be in his favour. He had no choice than to throw in the towel when the NJC advised Buhari to retire him. It was at this stage he chose to voluntarily leave office.”

    Speaking with in an interview with The Nation on Wednesday night, the Chairman of the Code of Conduct Bureau, Dr. Muhammed Isah, said: “We have not received any directive from the Chief Law Officer of the Federation, Mallam Abubakar Malami(SAN), who is the Attorney-General of the Federation and Minister of Justice, to discontinue the case.”

     

  • Onnoghen did not resign as CJN – Lawyer

    A lawyer to the Chief Justice of Nigeria, Walter Onnoghen, has shed light on the purported resignation of his client.

    Adegboyega Awomolo who is lead counsel to the embattled CJN in his false assets declaration trial said Onnoghen’s decision is a retirement and not a resignation from office.

    Recall that the media was awash of his resignation as CJN on Friday.

    However, the presidency was yet to confirm receipt of the letter as both presidential spokesmen Femi Adesina and Garba Shehu were said to be out of the country on an official assignment.

    He said Onnoghen sent his notice of retirement to President Muhammadu Buhari in line with constitutional provisions.

    “What he has done is to send his notice of retirement to the President. And he has done so, in accordance with the provisions of the constitution.

    “His position from day one has been that it is only the NJC that can discipline him. Now that the NJC has spoken, out of respect for the NJC and the office of the Chief Justice of Nigeria and Nigerian Judiciary, he sent his letter of retirement, not resignation. He never resigned.

    “All he has done is to send a letter to the president, saying thank you. I have served this country for about 32 years. I want to retire. That’s all he has done,” Awomolo told Premium Times in an interview.

    Meanwhile, the ruling All Progressives Congress (APC) in a reaction on Friday evening said the CJN’s resignation was an affirmation of the legitimacy of the action earlier taken by President Muhammadu Buhari to suspend the CJN.

    The party said as earlier seen with the Senate President, Bukola Saraki’s asset declaration trail at the Code of Conduct Tribunal (CCT) and now the CJN’s trial, “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.”

    Humble rise to the peak

    Onneghen was born on the Dec. 22, 1950 at Okurike Town, Biase Local Government Area of Cross Rivers.

    He began his primary school education at the Presbyterian Primary School, Okurike Town between 1959 and 1965.

    Before his appointment as the Chief Justice of the Federation, he worked with the Ministry of Justice, Ikeja, Lagos, Ogun, between 1978 and 1979, as the Pupil State Counsel.

    Between 1989 – 1998, he was a High Court Judge of Cross River Judiciary.

    During his time as the High Court Judge of Cross River, he was made the Chairman of Cross River State Armed Robbery and Firm Arms Tribunal and he held the post for 3 years from 1990 – 1993.

    Sometime in 1996 while still holding the post of High Court Judge of Cross River, he was appointed the Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar.

    In 1998, he was the Chairman, Failed Banks Tribunal, Ibadan Zone.

    Between 1992 and 2004, he served as the Judge, High Court of Rivers, while from 1998 to 2005, he served as Justice of the Court of Appeal.

    In 2007, Justice Onnoghen played a huge role in 2007 election which saw the Late Umaru Yar’adua as President of Nigeria.

    He had a dissenting judgment that indeed annulled the presidential election. His position was however a minority judgment.

    After being nominated as the Chief Justice of the Supreme Court of Nigeria by the Acting President, Professor Yemi Osinbajo, he was confirmed by the Senate on March 1, 2017, and sworn in on March 7.

    Suspension and trial at CCT

    Onnoghen’s trials for false assets declaration started when a petition was filed by the civil rights group at the Code of Conduct Bureau (CCB), alleging that he owned sundry accounts.

    It alleged the accounts were primarily funded through cash deposits made by himself up to as recently as August 10, 2016, which appeared to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.

    The trial began on Jan. 14 at Code of Conduct Tribunal but Onnoghen was absent.

    Also on Wednesday, the National Judicial Council abstained from considering allegations relating to the assets declaration that were levelled against Onnoghen.

    On Feb. 11, the council set up a preliminary complaints assessment committee to review the responses given to it by Onnoghen, and Muhammad who is acting in his stead.

    Onnoghen is accused of failing to fully declare his assets, while Muhammad is facing allegations of misconduct.

    The NJC said it reconvened and resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017.

    Tortuous journey to retirement

    Onnoghen’s retirement is coming 51 days after his trial began at the Code of Conduct tribunal on January 14 and 58 days after the petition which birthed the said trial was submitted.

    Onnoghen, who was appointed a justice of the Supreme Court in 2005, had been recommended for the position of Chief Justice of Nigeria on October 6, 2016, by the NJC under its erstwhile leader, Mahmud Mohammed. He was, however, not confirmed by the Senate until March 7, 2017, due to the reluctance of President Muhammadu Buhari to submit his name to the Senate for confirmation.

    He was eventually sworn-in on March 7, 2017, by then Acting President Yemi Osinbajo, after the Senate confirmation. Onnoghen’s appointment as chief justice was billed to expire on December 22, 2020, after he attains the compulsory retirement age of 70 years.

  • Onnoghen: One day, a sitting Nigerian president will also be docked – APC

    Onnoghen: One day, a sitting Nigerian president will also be docked – APC

    The ruling All Progressives Congress (APC) in a reaction to the trial and eventual resignation of suspended Chief Justice of Nigeria, Justice Walter Onnoghen on Friday said no one was above the law and that era of impunity were totally gone.

    The party said a time is coming when a sitting President who misbehaves will also be docked for wrongdoing.

    The party insisted that the CJN’s resignation on Thursday vindicated the action taken against him by President Muhammadu Buhari as well as the party’s earlier call for his resignation.

    The position of the party was made known by its National Publicity Secretary, Mallam Lanre Issa-Onilu.

    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.

    His words: “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.”

     

  • APC reacts to Onnoghen’s resignation

    The ruling All Progressives Congress (APC) on Friday said 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.”

  • Presidency keeps mum on status of Onnoghen’s resignation letter to Buhari

    The presidency has yet to confirm the receipt of a letter of resignation by the suspended Chief Justice of the Federation, Justice Walter Onnoghen, 24 hours after the speculation went viral.

    According to reports, Onnoghen’s resignation letter was submitted to the Chief of Staff to the President, Malam Abba Kyari, by some Justices of the apex court.

    The Justices according to presidential sources arrived at the presidential villa few minutes after President Muhammadu Buhari left Abuja for Jordan to participate in the World Economic Forum (WEF) on Thursday.

    A presidency source confirmed that President Buhari had, before his departure, received the National Judicial Council’s recommendations on the petitions written against Onnoghen and the acting CJN, Justice Tanko Muhammad.

    The report was submitted to the president by his Chief of Staff, Mallam Abba Kyari, who was accompanied by the Attorney-General and Minister of Justice, Abubalar Malami, at about 2:20 p.m on the day.

    The Director, Information, NJC, Mr Soji Oye, on Wednesday in a statement, confirmed that the council had sent its report to President Buhari after the conclusion of its investigation into the petitions against Onnoghen and the acting CJN.

    All efforts to speak to presidential spokesmen, Mr Femi Adesina and Mallam Garba Shehu, on the matter proved abortive as the duo were outside the country on official and private engagements.

    While Adesina is currently on President Buhari’s entourage to Jordan, Shehu is in Saudi Arabia on pilgrimage.

    Meanwhile, lawyer to 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.”

    Onnoghen’s humble rise to the peak

    Onneghen was born on the Dec. 22, 1950 at Okurike Town, Biase Local Government Area of Cross Rivers.

    He began his primary school education at the Presbyterian Primary School, Okurike Town between 1959 and 1965.

    Before his appointment as the Chief Justice of the Federation, he worked with the Ministry of Justice, Ikeja, Lagos, Ogun, between 1978 and 1979, as the Pupil State Counsel.

    Between 1989 – 1998, he was a High Court Judge of Cross River Judiciary.

    During his time as the High Court Judge of Cross River, he was made the Chairman of Cross River State Armed Robbery and Firm Arms Tribunal and he held the post for 3 years from 1990 – 1993.

    Sometime in 1996 while still holding the post of High Court Judge of Cross River, he was appointed the Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar.

    In 1998, he was the Chairman, Failed Banks Tribunal, Ibadan Zone.

    Between 1992 and 2004, he served as the Judge, High Court of Rivers, while from 1998 to 2005, he served as Justice of the Court of Appeal.

    In 2007, Justice Onnoghen played a huge role in 2007 election which saw the Late Umaru Yar’adua as President of Nigeria.

    He had a dissenting judgment that indeed annulled the presidential election. His position was however a minority judgment.

    After being nominated as the Chief Justice of the Supreme Court of Nigeria by the Acting President, Professor Yemi Osinbajo, he was confirmed by the Senate on March 1, 2017, and sworn in on March 7.

    Suspension and trial at CCT

    Onnoghen’s trials for false assets declaration started when a petition was filed by the civil rights group at the Code of Conduct Bureau (CCB), alleging that he owned sundry accounts.

    It alleged the accounts were primarily funded through cash deposits made by himself up to as recently as August 10, 2016, which appeared to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.

    The trial began on Jan. 14 at Code of Conduct Tribunal but Onnoghen was absent.

    Also on Wednesday, the National Judicial Council abstained from considering allegations relating to the assets declaration that were levelled against Onnoghen.

    On Feb. 11, the council set up a preliminary complaints assessment committee to review the responses given to it by Onnoghen, and Muhammad who is acting in his stead.

    Onnoghen is accused of failing to fully declare his assets, while Muhammad is facing allegations of misconduct.

    The NJC said it reconvened and resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017.

     

  • BREAKING: Onnoghen resigns as Chief Justice of Nigeria

    Suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, has tendered his resignation with immediate effect.

    According to a report by TheCable, the embattled CJN who is facing the Code of Conduct Tribunal, CCT, trial over alleged false assets declaration turned in his resignation letter to President Muhammadu Buhari on Thursday evening.

    Prior to this, the National Judicial Council (NJC) had recommended Onnoghen’s compulsory retirement to the president after an emergency meeting on Thursday.

    He had on Wednesday closed his defence at CCT after calling only one witness, his driver.

    More details later…

  • Revealed! What NJC told Buhari to do to Onnoghen

    The National Judicial Council (NJC) on Wednesday recommended the compulsory retirement of the Chief Justice of Nigeria Justice Walter Onnoghen, based on “incontrovertible” findings on him by the Economic and Financial Crimes Commission( EFCC).

    It asked President Muhammadu Buhari to give effect to the recommendation immediately.

    But the NJC urged the President to allow Justice Onnoghen retain his seat as a former CJN in the Council of State.

    The council also said the CJN should be retired with full benefits.

    According to a source, who pleaded not to be named “because of the sensitivity of the matter”, the compulsory retirement of Justice Onnoghen was the major highlight of NJC’s meeting yesterday.

    All NJC members were said to have decided not to comment on the meeting because “it would not be right to do so when a letter has been sent to the President on their decision.” He should get the letter before any comment, the source said.

    The source said: “The NJC has been able to navigate the most challenging moment for the nation’s judiciary by recommending compulsory retirement of Onnoghen with full benefits.

    “The NJC specifically demanded that the CJN be allowed to take his eminent position in the Council of State like his predecessors.

    “If these recommendations are accepted, the Executive may be on the same page with the Judiciary by staying action on the ongoing trial and other pending trials of the CJN.”

    The NJC may have adopted a “win-win approach” to ensure that the Executive and the Judiciary are on the same page.”

    Another source familiar with how the NJC arrived at its decision said the “EFCC’s report on Justice Onnoghen was damning and incontrovertible”.

    The anti-graft agency accused the CJN of “being in possession of funds which are fairly not attributable to his known, provable and legitimate source of income”.

    The opening of a dollar account in Standard Chartered Bank for the CJN by a lawyer, Joe Agi, with $30,000 was said to be unhealthy.

    The EFCC had accused Justice Onnoghen of being unable to account for curious deposits in his accounts.

    The anti-graft commission alleged that deposits had accumulated to $1,716, 000.

    The amounts in the said account were deposited as follows: $74,200 (2009); $291,800 (2010); $340,000 (2011); $625,000 (2012); $298,000 (2013); $40,000 (2015) and $47,000 (2016). The total was $1,716,000.

    The agency also accused Justice Onnoghen of depositing $1,716,000 in a United States dollar account operated with the Standard Chartered Bank in 2009, marked as exhibit P4 C, between 2009 and 2016.

    The petition said: “From the evidence on record, it is clear that the Respondent failed to declare all the accounts and funds in exhibit P4-P4D when he declared his 2014 asset in November 2016. Your lordship will observe that the Respondent only declared his salary account with the Union Bank exhibit P3 and failed to declare P4-P4D, which are the accounts that warehoused funds that are far above the Respondent’s known and provable lawful income.

    “My lords, by the provisions of Rule 1.2 of the Code of Conduct for Judicial Officers, it is clear that because members of the public expect a high standard of conduct from a judge, the Respondent is under the obligation to avoid impropriety and the appearance of impropriety in all his activities both in his professional and private life. It is our submission my lords, that any conduct of the Respondent that give rise to the appearance of impropriety is a judicial misconduct and same is punishable under the Code of Conduct for Judicial Officers.

    “It is our humble submission that the petitioner proved before this Honourable Panel that the Respondent was in possession of funds which are fairly not attributable to his known, proveable and legitimate source of income. The evidence shows that my lord earned a monthly salary in the sum of N750,819.87, which is about N9,000,000.00 per annum. My lords, as shown in exhibit P10A page 14 paragraph XXVI, the Respondent only earned the sum of N91,962,362.49 as salary between September 2005 and October 2016. It is also on record that the exhibit P3 is the salary account of my lord wherein his salaries are paid.

    “My lords, the evidence before this Honourable Committee shows clearly that the Respondent opened United State Dollars account with the Standard Chartered Bank in 2009, exhibit P4 C. This USD account was opened by Mr. Joe Agi SAN and the first cash depositor of United States of America dollars into the said account. We humbly refer my lords to the entry of the 29th day of June,2009.

    “Though the Respondent claimed that he was the one who gave the learned SAN, Joe Agi the $30,000.00 to deposit to exhibit P4C, the Respondent could not give any reasonable explanation as to the source of this money. My lords, the Respondent admitted under cross-examination that the USD was not his salary and that he only received dollars as estacodes which is meant for his official trips.

    “My lords, upon the opening of the USD account exhibit P4C, a lot of cash deposits in Dollars were made to this account. The evidence before my lords is that between 2009 and 2016 a lot of cash deposits were made into exhibit P4C.

    “My lords, from the evidence before this Honourable Panel, it is clear that these huge sums of money were not earned by the Respondent as his salaries and allowances. It is our humble submission that the burden of proving the legitimate source or origin of the sum of $1,716,000.00 lies heavily on the Respondent.”

    The amounts in the said account were deposited as follows: $74,200 (2009); $291,800 (2010); $340,000 (2011); $625,000 (2012); $298,000 (2013); $40,000 (2015) and $47,000 (2016). The total was $1,716,000.

  • BREAKING: NJC decides on petitions against Onnoghen, Muhammad; writes Buhari

    BREAKING: NJC decides on petitions against Onnoghen, Muhammad; writes Buhari

    The National Judicial Council (NJC) says it has reached decisions on the petitions written against the suspended Chief Justice of Nigeria, Walter Onnoghen, and the justice acting in his stead, Tanko Muhammad.

    The decisions have been communicated to President Muhammadu Buhari for action, the council said Wednesday.

    Onnoghen is accused by the Code of Conduct Bureau of not declaring all his assets as a public official, and is standing trial at the Code of Conduct Tribunal for the alleged offence.

    Separately, the Economic and Financial Crimes Commission accuses Onnoghen of receiving bribes in money and gifts from lawyers, and receiving illicit payments from public funds.

    The embattled CJN has denied all charges. In a written submission to the NJC, Onnoghen said the allegations were baseless, and accused the EFCC of ignorance, and attempting to tarnish his image.

    The NJC also received petitions against Muhammad who is accused of allowing himself to be used as an acting CJN after the controversial suspension of Onnoghen by President Buhari in January.

    The suspension, only the second in the history of the nation’s judiciary, was widely criticised as unconstitutional as CJN can only be removed with the approval of the Senate.

    The NJC reconvened Wednesday in an emergency meeting to consider the report of a five-member committee constituted to investigate the allegations.

    A spokesperson for the council, Soji Oye, said the NJC decided that the allegations relating to assets declaration that were levelled against Onnoghen were “subjudice” and therefore abstained from considering them.

    He said the 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.”

    Oye said the council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Buhari.