TheNewsGuru

Tag: Onnoghen

  • JUST IN: Appeal Court reserves judgments in Onnoghen’s cases

    The Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnghen.

    A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they will be informed when judgments were ready.

    The appeals are CA/A/44c/2019; CA/A/CA/A/63c/19; CA:A/70c/2019 and CA/A/114c/2019.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.

    The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.

    The arrest warrant, issued on February 13 this year, was vacated by the CCT on February 15 when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.

     

  • Lawyer reveals how he paid $30,000 to Justice Onnoghen”s account

    Lawyer reveals how he paid $30,000 to Justice Onnoghen”s account

    A senior lawyer Mr Joe Agi, SAN, has challenged the Minister of Justice and Attorney General of the Federation, Mr. Abubakar Malami, SAN, to come up with evidence to support his claim that the $30,000 he (Agi) deposited in the account of the suspended Chief Justice of Nigeria Justice Walter Onnoghen was a bribe to compromise the $3.18 billion Paris Club case.

    Mr Agi in a statement made available to journalists in Abuja explained that though he convinced the suspended CJN to open the said domiciliary account with the Standard Chartered Bank ten years ago with initial deposit of $30,000, but insisted that the said deposit was never a bribe to the CJN or the trial judge in the Paris Club Fraud case Justice A. Ademola.

    The senior lawyer alleged that Mr Malami and those he described as ‘a cabal’ had been after him since he exposed and secured the refund of what he called a fraudulent deduction of $3.18billion from local governments account by the federal government part of the Paris Club refund.

    According to him, rather than the government to pay him his legal fees of over N70 million for exposing and winning the case in court, Malami and the same cabal had framed him up with trump up charges including bribing the suspended CJN.

    Mr Agi said it was a huge joke to have said he bribed the respected Justice of the Supreme Court Justice Ademola, with N30 million and a jeep to secure the ruling on the Paris Club refund.

    On the $30,000 traced to the Justice account with Standard Chartered Bank , Mr Agi said “In the year 2009, I brought to his knowledge that he can open a domiciliary account instead of travelling with cash from Nigeria to abroad on seminars, holidays, conferences or medical trips. My Lord Justice Onnoghen said he had no idea since opening of foreign account was forbidden for Public Officers. I informed him that domiciliary account is not a foreign bank account as it is opened and operated within the local banks in Nigeria.”

    “It was on this note that I went to my banker in Standard Chartered Bank and obtained Account Opening Forms for him as a friend and Senior Brother. He completed the Forms and I refereed him. He gave me $30,000 being left over of his allowances for overseas seminars, holidays, conferences or medical trips to deposit for him as the first deposit. This I did in 2009 i.e 10 years ago. After that he operated the account himself without me paying even a cent into that account till date.”

    “Now 10 years after, I am again being vilified and accused of giving Justice Onnoghen bribe. If I may ask; bribe for which case? In the Supreme Court panel they sit in 5 or 7 persons, was the $30,000 for the 5 or 7 Justices? And for which case? This is another huge joke aimed at vilifying my person by the same cabal who are hell bent on tarnishing my image as an aftermath of the exposure of the Paris Club fraud,” the SAN lamented

    “Is it a crime for Judges to have friends or acquaintances? I challenge the Attorney General Malami, SAN and the EFCC to come forward with their proof that the $30,000 Onnoghen sent me to deposit for him 10 years ago was as a result of bribery. I challenge them to come out openly on the real reason why they are out to tarnish my image. They should be bold enough to open up rather than hiding under the guise of fight against corruption as a smokescreen to lunch a smear campaign against my person.”

    Agi urged government to be sincere and serious about fighting corruption and not be engaged in the deliberate destruction of the names of its citizens whom they perceive as enemies.

    “Which Nigerian alive today can say he has not benefited from the Paris Club Refund? Yet Joe Agi, SAN who is the face of Paris Club refund is being hounded and haunted instead of being celebrated. Let it be known that very prominent people in the present government have corruptly and fraudulently taken the legal fees due to me from the Paris Club Refund and the EFCC have seen nothing wrong with it,” he added

  • Again, Appeal Court postpones hearing in suspended CJN Onnoghen’s appeals

    …Reschedules hearing for Feb 27

    The Court of Appeal in Abuja on Tuesday postponed its planned hearing of the three appeals filed by suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen to February 27.

    This is the third time, in one month, the court will postpone hearing in the appeals filed against the decisions of the Code of Conduct Tribunal (CCT) before which Onnoghen is standing trial for alleged breach of code of conduct for public officers.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending application.

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and President Muhammadu Buhari to appoint an acting CJN.

    The court had, in late January this year, scheduled hearing in the appeals for February 12 thus year.

    When parties got to court, the court could not form a quorum for the purpose of hearing the appeals. Two of the three Justices, required to form a quorum, were said to be attending a seminar.

    The court subsequently adjourned to the next day. It could also not hear the appeals on February 13 owing to a request by the Federal Government to be allowed to engage a new lawyer.

    Oyin Koleoso, who represented the Minister of Justice and Attorney General of the Federation (AGF), told the court that the AGF has instructed that Aliyu Umar – SAN – (who is prosecuting the charge at the CCT) should take over the case of the respondent.

    Kolaoso noted that Umar was, (at the moment the Court of Appeal proceedings were on), at the CCT.

    Koleoso sought an adjournment to enable Umar take over the case of the respondent.

    Lawyers to the appellant, Chris Uche (SAN) objected to an adjournment, but he was overruled by a three-man panel of the court presided over by Justice Abdul Aboki.

    The court further adjourned hearing in the appeals till February 20.

    Again, when parties got to court on Tuesday, Umar, who appeased for the respondents, said he has filed an application, in which he, among others sought to be afforded time to familiarise himself with what had been filed in the appeals so far.

    Appellant’s lawyer, Uche did not object to a request for a brief adjournment, following which the court adjourned till February 27 this year.

     

  • Onnoghen: CUPP declares nationwide protest on Friday

    The Coalition of United Political Parties (CUPP) has declared a nationwide protest for Friday to coincide with the day the prosecution of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, is expected to start at the Code of Conduct Tribunal (CCT).

    The coalition’s spokesman, Imo Ugochinyere, stated this in a statement on Wednesday.

    He was reacting to the arrest warrant issued by the CCT chairman, Danladi Umar, against Onnoghen.

    He said the arrest warrant was a confirmation of the coalition’s position that the Presidency had intensified efforts to clamp down on the CJN and use the offensive against him to intimidate the judiciary and divert attention from the issues of incompetence of the present administration.

    He added that the planned arrest and arraignment of the CJN a few hours to the election was meant to use “fake anti-corruption fight” to lure voters into believing the President is fighting corruption.

    He said, “It is ridiculous that a government that has been promising free and fair elections can be planning to arraign the country’s CJN on Friday, 24 hours to the country’s presidential election.

    “We see this as a last minute effort to divert attention, confuse Nigerian voters and cover the President’s incompetence few hours to the election.

    “It is also an attempt to divert attention from electoral violence being planned by the ruling All Progressives Congress.

    “We, therefore, call for a mass protest across the 36 states of the federation on Friday, being the day scheduled for the arraignment of the CJN.

  • NJC takes delivery of preliminary report on Onnoghen, Muhammad

    NJC takes delivery of preliminary report on Onnoghen, Muhammad

    The National Judicial Council (NJC) on Wednesday took delivery of a preliminary assessment report of petitions brought against Justices Walter Onnoghen, suspended Chief Justice of Nigeria (NJC) and Tanko Muhammad, Acting CJN respectively.

    Mr Soji Oye, Director, Information of the council disclosed this in a statement in Abuja.

    TheNewsGuru.com, (TNG), which has been in the forefront of reporting the controversial suspension of the CJN had earlier reported that the council constituted a Preliminary Complaints Assessment Committee, on Feb.11th, to decide on the petitions against the two justices.

    IN the latest development, Oye said the council held that the petitions were worthy of further investigation under Rule 17 of the Judicial Discipline Regulations of the Council.

    “Consequently, the council constituted a five-member Investigation Committee pursuant to Rule 20 (1) of the Judicial Discipline Regulations under the Chairmanship of Hon. Mr. Justice S. A. Akintan, CON, a retired Justice of the Supreme Court of Nigeria.

    “A new petition against Hon. Mr. Justice I. T. Muhammad, CFR, by the Action People’s Party (APP) was referred to the Hon. Mr. Justice for his comments within an abridged 7-days.

    “Council directed the Investigation Committee to work expeditiously, determine all the petitions and responses and report to Council for a final decision’’, Soji said.

    NAN recalls that NJC on Jan.29 served Onnoghen and Muhammad a 7-day notice to respond to those petitions brought against them.

    The initial petition against Onnoghen formed the six-count charge filed against him at the Code of Conduct Tribunal (CCT) bordering on allegations of non-assets declaration.

    http://thenewsguru.ng/news/nigeria-news/article/onnoghens-suspension-njc-begins-emergency-meeting/

    However, the council later received a petition from the EFCC accusing Onnoghen of financial fraud.

    Similarly, Justice Muhammad attracted the grievance of Chief Olisa Agbakoba, (SAN), who filed a petition against him for accepting the position of the Acting CJN without following due process.

  • BREAKING: Tribunal orders IGP to arrest suspended CJN Onnoghen

    …to be arraigned on Friday

    The Code of Conduct Tribunal (CCT) has ordered the Inspector General of Police (IGP) to arrest and produce before it on Friday, the suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    CCT Chairman, Danladi Umar gave the directive on Wednesday while granting the prosecution’s request that Onnoghen must be compelled to attend the tribunal and plead to the charge of breach of code of conduct (non-declaration of assets) pending against him.

    Umar, in a ruling, after taking argument from Aliyu Umar (SAN), for prosecution, and Adegboyega Awomolo (SAN) for the defence, granted the request of the prosecution for the issuance of a bench warrant against Onnoghen.

    The CCT Chairman subsequently scheduled next Friday for his (Onnoghen’s) arraignment.

    Details later…

  • BREAKING: FG seeks arrest warrant against Onnoghen

    The prosecution has applied to the Code of Conduct Tribunal to order the arrest of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, following his absence from the Tuesday’s proceedings.

    Onnoghen, like in the previous four court sessions, was absent from the CCT proceedings on Tuesday, the day the National Judicial Council and the Court of Appeal in Abuja are coincidentally sitting on his matter.

    The lead prosecuting counsel, Mr. Aliyu Umar (SAN), made the application orally at the resumed hearing of the charges of non-asset declaration instituted against the CJN by the Federal Government.

    Umar, who anchored his application for Onnoghen’s arrest on section 6(1) of the Practice Direction of the CCT, also opposed the call on the three-man tribunal by the lead defence counsel, Chief Adegboyega Awomolo (SAN), to hear all pending applications.

    Umar maintained that by virtue of section 396(2) of the Administration of Criminal Justice Act 2015 no objections could be raised by the defendant until he took his plea.

    The prosecuting counsel said Onnoghen having not taken his plea, the objection by him could not be heard.

    Meanwhile, the application for the arrest warrant is being opposed by Awomolo.

  • BREAKING: Appeal Court fails to hear Onnoghen’s appeals

    The Court of Appeal in Abuja on Tuesday failed to hear the three appeals filed by suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The appellate court had in late January adjourned on February 12, 2019 for the hearing of the appeals.

    But, when lawyers to parties got to court on Tuesday, the court could not form quorum for the purpose of hearing the appeals.

    Parties were told to await information, on a later date, on when the hearing is to be rescheduled.

    The appeals are against the decisions of the Code of Conduct to assume jurisdiction over the charge pending against Onnoghen and the ex-parte injunction granted by the CCT, on which President Muhammadu Buhari acted to suspend Onnoghen.

     

  • Court bars FG, EFCC from freezing suspended CJN Onnoghen’s accounts

    The Federal High Court in Abuja has restrained the President, Attorney General of the Federation and Nigerian Financial Intelligence from freezing the bank accounts of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

    Justice Ijeoma Ojukwu granted the order while ruling on a motion ex parte instituted by the Legal Defence and Assistance Project Ltd/GTE.

    The AGF last month wrote a letter to the NFIU asking the unit to “restrict normal banking operations on certain accounts belonging to Onnoghen”.

    The AGF said the order was in line with Executive Order 06 on the preservation of assets connected with corruption.

    On February 8, 2019, however, Justice Ojukwu ruled that the AGF must obtain a court order before freezing the accounts.

    The court ruled, “That the AGF shall obtain an order of court (ex parte) before freezing the accounts of Justice Onnoghen Walter Nkanu Samuel (in respect of exhibit 8) in compliance with the law if it was not obtained.

    “That where it is shown that the order of court was obtained before the freezing of the accounts contained in Exhibit B, the freezing order shall remain valid.”

    The court ordered that the order be served on the respondents pending the hearing of the motion notice.

    The court adjourned the matter till February 13.

    The NFIU last month discovered the identities of firms that paid $3m into the bank accounts of Onnoghen.

    The allegations are contained in an interim report sent to the Office of the AGF. It is expected to be tendered in evidence before the Code of Conduct Tribunal should the case be allowed to continue.

    According to the document, Onnoghen made huge transactions despite the fact that his salary and allowances were between N240, 202 and N751, 082.37 from 2005 to 2018.

    The document read in part, “Suspicious transactions including $800,000 Standard Chartered Bank investment subscription were uncovered. Another $630,000 was discovered to have been lodged in some of the accounts through what was rated as structured payments in tranches of $10,000 each.

    “Most of the lodgements effected between 2012 and 2016 respectively, were undeclared in the Asset Declaration Form of Onnoghen.”

  • Onnoghen: UN faults Buhari, says decision to suspend, sack CJN should be by independent authority

    Diego Garcia-Sayan, the United Nations special rapporteur on the independence of judges and lawyers, on Monday, said that On an independent authority has the right to suspend or remove a judge.

    This was said in a statement regarding the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen by President Muhammadu Buhari.

    In the statement shared on the verified Twitter handle of the body, Garcia-Sayan said, “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence. Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court,” said the UN human rights expert.

    “The dismissal of judges without following procedures laid down by the law and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary,” the UN expert warned.

    Chief Justice Walter Onnoghen was suspended on 25 January 2019 and replaced by Ibrahim Tanko Mohammad.

    The President of Nigeria said he had acted in compliance with an order issued two days earlier by a tribunal established under the Constitution to decide on alleged breaches of the Code of Conduct for Public Officials. However, four separate Nigerian courts – the Court of Appeal, the National Industrial Court and the two Federal High Courts – had already ordered a stay of proceedings in the Tribunal. Moreover, the said order upon which the suspension was based, was issued ex-parte while the motion on notice on the same subject was adjourned the day before by the issuing court.

    “All State institutions must abide by the decisions of national courts and tribunals. In the case of Chief Justice Onnoghen, four national courts hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, eight months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council,” the UN expert stressed.

    Some of the judges handling the case of the Chief Justice and the defence lawyers have been subject to serious threats, pressures and interferences. “I am seriously concerned at such allegations, which may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession,” said the expert.

    “One of the senior advocates defending the Chief Justice was arrested on Wednesday by security agencies. Lawyers play an essential role in securing access to justice, and should never suffer, or be threatened with, prosecution or other sanctions for action taken in accordance with recognized professional duties, standards and ethics,” added Mr. García-Sayán.

    The UN expert has expressed his concerns to the Nigerian Government and will continue to follow events.