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Tag: Trial

  • Onnoghen: Any journalist who misrepresent trial will remain in prison till I retire – CCT chairman

    The Chairman of the Code of Conduct of Tribunal, Danladi Umar, has threatened to imprison journalists who misrepresent the ongoing proceedings on the trial of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

    Onnoghen is being prosecuted before the CCT by the Federal Government on charges of false and non-declaration of assets.

    Reacting to what he described as some newspapers’ distortion and misrepresentation of the last Monday’s proceedings of the trial, Umar said any journalist who commits such infraction again might have to remain in prison until his retirement in 28 years’ time.

    He said, “Henceforth, any journalist carrying concocted or discredited statement which is not adduced before this tribunal, I will not hesitate to bring the full weight of the law heavily on the person.

    “The journalist will languish there (prison) and may remain there until I retire – that is about 28 years from now.

    “The person will be summarily sent to prison because that is contempt.

    “It does not matter whether the contempt is committed in facie curiae (before the court) or ex facie curiae (outside the court).”

    Umar, who brought copies of the newspapers that published the stories he complained about, made the remarks at the beginning of Thursday’s proceedings.

    Meanwhile, the prosecution led by Mr. Aliyu Umar (SAN), called the second prosecution witness shortly after the tribunal chairman made his remarks.

    In his testimony, the second prosecution witness, Mr. Awal Yakassai, a retired director at the Code of Conduct Bureau, said he received from Onnoghen two assets declaration forms for years 2014 and 2018 on December 14, 201

  • Why I ignored court’s judgement to halt Onnoghen’s trial – CCT chair

    The Code of Conduct Tribunal (CCT) Chairman Danladi Yakubu Umar on Monday defended the ex-parte application he granted for the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN).

    The decision is in line with the inherent powers of the tribunal, Umar said, adding: “It is left to the appellate court to determine whether or not the order was rightly or wrongly granted.”

    He also explained why the tribunal did not comply with orders by the High Court of the Federal Capital Territory (FCT) and the National Industrial Court to halt Justice Onnoghen’s trial. They are courts of coordinate jurisdiction, Umar said.

    He, however, stressed that the chairman and members of the CCT are not “constitutionally subject to disciplinary proceedings by either the National Judicial Council (NJC) or the Federal Judicial Service Commission (FJSC)”.

    According to the CCT chairman, only the Court of Appeal and the Supreme Court have supervisory powers over the tribunal.

    Umar made the clarifications in his response to a query sent to him by the FJSC following a petition by a lawyer, Grace Stephen Wogor, that the CCT chairman acted ultra vires in granting an order for the suspension of the CJN.

    The tribunal, on January 23, approved an ex-parte application which led to the suspension of Justice Onnoghen by President Muhammadu Buhari.

    In his response to the FJSC query/letter, Umar said the tribunal has the powers to hear the ex-parte motion.

    Besides, he said the tribunal has the jurisdiction to try the CJN.

    It was the first time the position of the tribunal on Justice Onnoghen’s trial will become public knowledge.

    Umar said: “I acknowledge the receipt of your letter Ref: FJSC/ 38/01/5/58 dated 1st February 2019 on the above subject matter, I have examined the contents of your letter under reference and the accompanying petition thereto and would like to comment as follows;

    “The petitioner, Grace Stephen Wogor, in her petition, alleged eight grounds in her petition, which in summary could be consolidated to only four grounds.

    “The petitioner had alleged that I granted an ex-parte Order directing the President to suspend the Chief Justice of Nigeria, who is a defendant in a charge filed against him at the tribunal.

    “It is important to state that I acted within the inherent powers and jurisdiction of the tribunal and that whether or not the order was rightly or wrongly granted is now a matter to be determined by the Court of Appeal since the defendant appealed against the ex-parte order.

    “Therefore, with the appeal against the ex-parte Order at the Court of Appeal, the matter is now subjudice.”

    On the assumption of jurisdiction for the trial of Justice Onnoghen, the CCT chairman said the tribunal has the legal backing to put him in the dock.

    He said: “The petitioner alleged that I assumed jurisdiction on the matter of the CJN as defendant in a charge filed against him by the Code of Conduct Bureau (CCB).

    “The defendant (Onnoghen) had appealed the ruling of the tribunal on the jurisdiction to the Court of Appeal.

    “On 30th January, 2019, the Court of Appeal delivered a ruling on the appeal filed by the defendant to the effect that the defendant should appear before the Code of Conduct Tribunal to answer the charges filed against him by the CCB.

    “Consequently, the appeal by the defendant was dismissed by the appellate court, thereby affirming the ruling on the tribunal’s jurisdiction.”

    On failure to comply with some lower court orders to halt the Justice Onnoghen’s trial, the CCT chair said it was because they are courts of coordinate jurisdiction with his tribunal.

    He added: “The petitioner alleged that I failed to comply with orders issued by the High Court of the Federal Capital Territory and the National Industrial Court restraining the tribunal from taking further steps in a matter before it.

    “It is worthy of note that both the High Court of FCT and the National Industrial Court are courts of coordinate jurisdiction with the CCT.

    “More so, the High Court of FCT and the National Industrial Court have nothing to do with any matter pertaining to Non-Declaration of Assets. The tribunal is the only court that has jurisdiction on the matter relating to failure to declare assets or false declaration by public servants.

    “The only courts that have supervisory powers over the tribunal are Appeal Court and the Supreme Court of Nigeria.”

    The CCT chair denied breaching judicial oaths because he did not subscribe to such, he could not be sanctioned either by the NJC or the FJSC.

    Umar said: “The petitioner alleged that judicial oaths were breached and that the NJC should consider appropriate sanctions.

    “It is to be noted that the chairman and members of the CCT are not judicial officers. This is predicated on the fact that the chairman and members of the tribunal, during swearing into office, only subscribe to official oaths and not judicial oaths.

    “Therefore, not being a judicial officer, I did not subscribe to Judicial Oaths and therefore could not have breached any Judicial Oaths as alleged.

    “With regards to the prayer of the petitioner for appropriate sanction against the CCT chairman, it is important to note that the chairman and members of the tribunal, not being judicial officers, are not constitutionally subject to any disciplinary proceedings by either the NJC or the Federal Judicial Service Commission (FJSC).”

  • JUST IN: CCT orders day-to-day proceedings in Onnoghen’s trial

    The Code of Conduct Tribunal ( CCT ) has ordered that proceedings in the trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen should now be conducted on an day-to-day basis.

    Tribunal Chairman, Danladi Umar, in a bench ruling, on Monday, relied on the provision of Section 296(3) of the Administration of Criminal Justice Act (ACJA) to order a day-to-day proceedings in the case.

    Umar also relied on Section 296(2) of the ACJA to reserve ruling on the two applications filed by Onnoghen, which were argued on Monday, till the point of judgment in the substantive case.

    The two applications are challenging the jurisdiction of the tribunal to hear the charge against Onnoghen and asking the CCT Chairman to recuse himself from the case on grounds of likely bias.

    Onnoghen was present all through the proceedings on Monday. When asked to sit down, Onnoghen, who stood in the earlier part of the proceedings, later elected to sit on a chair, which his aides brought along with them from home. He refused the chair provided by officials of the tribunal.

    Details shortly…

  • Former NIA DG Oke, wife leave Nigeria as trial commences today

    Former NIA DG Oke, wife leave Nigeria as trial commences today

    Investigations have revealed that a former Director-General of the National Intelligence Agency (NIA) Ayodele Oke and his wife, Folashade may have left the country.

    According to reports, Oke, who was to be arraigned along with his wife by the Economic and Financial Crimes Commission (EFCC) today (Friday), left the country last week “for medical reasons”.

    He may not be around for the arraignment.

    Sources in the intelligence community told an online newspaper TheCable that subjecting Oke to open trial might compromise the nation’s security operations.

    “Most of the projects financed by NIA from the funds are aimed at gathering intelligence and these things are usually done through cash transactions. Government might have succumbed to public sentiments to treat it as a crime, but there will be dire consequences for the nation’s security operations,” an NIA operative told TheCable.

    In April 2017, EFCC said it had discovered $43 million, £27,000 and N23 million stashed in a flat in Ikoyi after a tip-off from a whistleblower.

    Following reports that the monies belonged to the NIA, the agency collected $289,202,382 in cash for special operations from the account of the National Petroleum Investment Management Services (NAPIMS) at the Central Bank of Nigeria (CBN) in February 2015.

    NIA said the funds were part of “covert intelligence operations” but there was public outcry that it was a case of looting.

    A three-man panel headed by Vice-President Yemi Osinbajo indicted Oke and recommended his dismissal, which was effected in October same year.

    On January 20, 2019, Osinbajo said that President Buhari had ordered the prosecution of former Secretary to the Government of the Federation, Babachir Lawal, and Oke for fraud.

    Recall that the EFCC on January 30 filed charges against the two after more than one year of investigations.

  • $43.4m Ikoyi cash: Ex-NIA DG, Oke, wife’s trial commence tomorrow

    $43.4m Ikoyi cash: Ex-NIA DG, Oke, wife’s trial commence tomorrow

    The Economic and Financial Crimes Commission (EFCC) will tomorrow arraign former Director General of National Intelligence Agency (NIA) Ambassador Ayodele Oke and his wife Folasade, before a Federal High Court in Lagos.

    Their arraignment is in connection with the $43, 449, 947, 000 intercepted in a flat.

    The cash was founded in Flat 7B, No. 16 Osborne Road, Osborne Towers in Ikoyi Lagos.

    A judge of the Federal High Court in Lagos, Justice Muslim Hassan, had on June 6, 2017 granted a final forfeiture order of the funds since no one appeared before the court to claim them.

    Although Oke had denied the allegation of concealment, the EFCC is proceeding ahead with his trial alongside his wife.

    The four-count charge against the couple was signed by prosecuting lawyers including Rotimi Oyedepo Iseoluwa; Nnaemeka Omewa and Idris Abubakar Mohammed.

    For the first time, the EFCC in the Proof of Evidence revealed how Flat 7B was bought for $1, 658,000 (N596, 880,000)

    It said one Alhaji Shehu Usman Anka will give evidence of the receipt of the sum of $1, 658,000 from the wife of the ex-NIA boss.

    The anti-graft agency also said that the agency got about $289, 202, 382.00 from the Central Bank of Nigeria (CBN).

    It added that one Benjamin Kiksenenso will give evidence of how he was instructed to go to the CBN to collect the $289, 202, 382.00.

    The charges against the ex-NIA boss are:

    That you, Amb. Ayodele Oke, Mrs. Folasade Ayodele Oke on or about the 12th day of April 2017 in Lagos concealed the sum of $43, 449, 947, 000 property of the Federal Government of Nigeria in Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (a) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court indirectly used the sum of $1, 658, 000 property of the Federal Government of Nigeria to acquire Flat 7B, No. 16 Osborne Road, Osborne Towers, Ikoyi Lagos which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly retained $160, 777, 136. 85 property of the Federal Government of Nigeria which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

    That you Amb. Ayodele Oke and Mrs. Folasade Ayodele Oke between 25th day of August 2015 and 2nd day of September 2015 in Lagos, within the jurisdiction of this court directly converted $160, 777, 136. 85 property of the Federal Government of Nigeria to your own use which sum you reasonably ought to have known formed part of proceeds of an unlawful act to wit: criminal breach of trust and you thereby committed an offence contrary to Section 15 (2) (d) of the Money Laundering (Prohibition) (Amendment) Act 2012 and punishable under Section 15(3) of the same Act.

  • Evans: Absence of counsel stalls trial

    Absence of defence counsel on Wednesday stalled further hearing in the trial of alleged kidnap kingpin, Chukwudumeme Onwuamadike (a.k.a Evans).

    Onwuamadike is facing charges of conspiracy to kidnap, kidnapping and attempted murder before Justice Akintoye.

    In the first charge, Onwuamadike is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    In the second charge, he is standing trial along with Joseph Emeka, Linus Okpara and Victor Aduba.

    At the resumed hearing on Wednesday, a member of the defence team, Mr Ogedi Ogu, told the court that lead defence counsel, Mr. Emmanuel Ochai, was absent.

    Ogu said that Ochei’s absence could be due the court boycott directive by the Nigerian Bar Association (NBA).

    NAN reports that, in the directive it issued on Monday, NBA asked its members to boycott courts on Tuesday and Wednesday to protest suspension of the Chief Justice of Nigeria, Walter Onnoghen.

    Ogu prayed the court to adjourn the case which, he said, was a sensitive one and should not proceed in the absence of Ochei.

    The prosecuting counsel, Mr Jide Martins, did not oppose the application.

    Justice Adedayo Akintoye consequently adjourned the case until March 1 for further hearing.

    The News Agency of Nigeria (NAN) reports that on Jan. 16, during trial within trial, Onwuamadike denied the confessional statement he made to the police after his arrest in 2017.

    He told the court that he made the statement under duress.

    The accused said that he signed the statement to save him from being tortured to death.

    He narrated how members of Inspector-General of Police (IGP) Intelligence Response Team allegedly tortured and killed in his presence, some others paraded along with him.

    He said that the security agents tortured the victims by suffocating them with plastic bags and threatened to do same to him if he would not cooperate with them.

    He testified that the content of the papers (statement) he signed were not read to him and that there was no video recording.

    Onwuamadike was led in evidence by his counsel, Mr O. I. Ajanuku.

    However, he was cross-examined by Lagos State counsel to prove that he did not make the statement under duress.

     

  • BREAKING: Appeal Court rejects Onnoghen’s request to stop trial at CCT

    The Court of Appeal has dismissed a request brought by suspended Chief Justice of Nigeria, Walter Onnoghen, for a stay of proceedings in his trial at the Code of Conduct Tribunal.

    The court in a ruling on Wednesday said the request brought by Onnoghen “was brought in a vacuum,” without a proper backing of legal provisions why it should have been granted.

    According to the appellate court, Onnoghen’s lawyers had argued that their application was brought because the tribunal, on January 14 refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.

    The court, however, read through the words used during the January 14 adjournment of the tribunal wherein the CCT slated January 22 for hearing of motions in the matter.

    “Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki while reading through the tribunal’s ruling on January 14.

    “The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.

    According to the appellate court, the words used by the tribunal did not suggest the submissions made by the applicant. The court questioned the likelihood of its jurisdiction to grant such order as requested, given the evidence before it.

    “A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” said Mr Aboki who read the ruling with two other judges.

    “Order for stay cannot be made in vacuum. It is a matter of law and fact,” the court ruled.

    The court therefore decided that the application for stay of proceedings will not be granted and subsequently refused it.

    The ruling implies that the CCT can now proceed with the trial of the chief justice for alleged false asset declaration. The CCT had postponed the trial based on last week’s directive of the appeal court.

    Details later…

     

  • BREAKING: CCT adjourns Onnoghen’s trial indefinitely

    The Code of Conduct Tribunal (CCT) has adjourned sine die (indefinitely) the trial of the Chief Justice of Nigeria (CJN), Walter Samuel Onnoghen, who was suspended last Friday by President Muhammadu Buhari.

    Onnoghen was charged before the tribunal by the Code of Conduct Bureau (CCB) on a 6-count charge of non-declaration of assets.

    At the resumed hearing today, prosecution counsel, Musa Ibrahim said the matter was adjourned till today for hearing of preliminary objection filed by the defence but in view of the order from the Court of Appeal, the prosecution would be asking for adjournment pending the ruling of the Court of Appeal.

    The lead defence counsel, Kanu Agabi (SAN) said the defence does not have any objection to the application.

    The tribunal chairman, Danladi Umar thereafter, asked the counsels: “Do you want us to adjourn for a few weeks within which the Court of Appeal would have made its decision and you would come back here to update us?”

    Responding, Agabi suggested the matter be adjourned sine die.

    Ruling on the application, the tribunal chairman held that: “In view of the order of the Court of appeal to stay proceeding, I have the respect for the Court of Appeal, I hereby adjourn the matter sine die pending the determination of the case at the Court of Appeal.”

    It was learnt that only a member of the tribunal joined its chairman during today’s sittings unlike on other days. The other member of the tribunal that was absent today is William Atedze Agwadza.

    An official of the tribunal told our reporter that Agwadza called in sick today and that he said he was in the hospital.

    Agwadza had given the minority ruling at the last sitting, asking the tribunal to obey the several court orders restraining it from continuing with the trial.

    However, the chairman and member 2 had held that the several court orders do not have binding effect on the tribunal as the tribunal is on a coordinate jurisdiction with the courts from where the orders emanated.

     

  • Court sets up three-member panel to review Dasuki’s trial

    A Federal Capital Territory High Court has set up a three-member panel to resolve the logjam arising from the trial of former National Security Adviser (NSA) Sambo Dasuki for alleged money laundering charges.

    Dasuki is being tried alongside Aminu Kusa, Acacia Holdings Limited and Reliance Referral Hospital.

    The three-member panel headed by Justice Hussein Baba-Yusuf is to proffer a way forward for the court in the dilemma being encountered by the court in the trial.

    Dasuki who had been in detention of the State Security Service (SSS) since December 2015 despite about six court orders that granted him bails, had written to the Federal High Court. In the letter, he said he would no longer appear for trial in protest against violation of court orders by the federal government which put him on trial.

    The letter was sent to the Federal High Court through his legal team. In it, Dasuki made it abundantly clear that the federal government has lost both moral and legal right to continue to prosecute him having deliberately violated subsisting and valid court orders.

    In the strongly worded letter, the former NSA claimed that the federal government has proved beyond reasonable doubt it has no respect for the rule of law.

    At the resumed trial on Friday, at FCT High Court, counsel to federal government, Oluwaleke Atolagbe, informed Justice Baba-Yusuf that the matter was for the continuation of trial and that he was ready to proceed. He, however, said that a fresh motion on notice just filed by the defendant had been served on him and that he needed time to study the direction of the motion and then respond appropriately.

    Atolagbe subsequently pleaded with the judge to grant him a short adjournment.

    The counsel to Dasuki, Victor Okwudili, had admitted that a motion was served on the prosecution and that the motion ought to be decided one way or the other before the trial could continue. He, however, did not object to the request for an adjournment by the prosecution.

    Solomon Umoh, and a counsel to the second defendant, Aminu Baba-Kusa, had faulted the claim of the federal government that the former NSA deliberately refused to appear in court for trial.

    The senior lawyer argued that that the blame for Mr Dasuki’s absence in court, should appropriately shifted to the federal government for using one hand in holding Dasuki in its custody illegally, and at the same time using the second hand beckoning on the same Mr Dasuki to appear in court.

    Umoh therefore, agreed that the issue surrounding Mr Dasuki’s decision not to be in court should first be resolved before the trial could proceed.

    Justice Baba-Yusuf in his ruling agreed that the issue must be resolved in the interest of justice to both parties. He, therefore, put in place a three-member panel that would proffer solution for the way forward for the court.

    Apart from Baba-Yusuf who is presiding, others in the panel are Valentine Ashi and Mary-Ann Anenih, both judges of the FCT High Court.

    Baba-Yusuf, therefore, adjourned the matter till February 19, 2019.

    During his tenure as the National Security Adviser in the immediate past administration of Goodluck Jonathan, Dasuki had reinvigorated and facilitated the expansion of troops of Multi-national Joint Taskforce (MNJTF) with neighbouring Benin, Cameroon, Chad and Niger towards combating the dreaded Boko Haram insurgency.

    Dasuki also facilitated collaboration with foreign technical advisers towards ensuring the recovery of several major towns in Adamawa, Borno and Yobe states from Boko Haram terrorists. Some of the liberated towns, during his tenure included: Abadam, Askira, Baga, Bama, Bara, Buni Yadi, Damboa, Dikwa, Gamboru-Ngala, Goniri, Gujba, Gulag, Gulani, Gwoza, Hong, Kala Balge, Konduga, Kukawa, Marte, Madagali, Michika, Monguno, Mubi, Vimtim among others.

    However shortly after leaving office, the federal government filed charges against him in different courts. He was granted bail in line with the provisions of the law but has remained in detention since December 2015. This prompted him to write the Federal High Court in Abuja where he is being prosecuted for charges of illegal possession of firearms and money laundering, requesting that he be allowed to stop submitting himself for trial.

    He based his request on the federal government’s continued refusal to comply with a series of court orders granting him bail. He cited six court orders, including one by the Court of Justice of the Economic Community of West African States, which had ordered his release but were ignored by the federal government.

     

  • Appeal Court stops CCT from proceeding with Onnoghen’s trial

    The Court of Appeal on Thursday ordered the Code of Conduct Tribunal to halt the trial of the Chief Justice of Nigeria, Walter Onnoghen.

    The appeal court granted an order for stay of proceedings of the trial at the tribunal.

    A three-member panel of the appeal court granted the interim order pending the ruling on a suit filed by Mr Onnoghen, Channels Television reports.

    The CCT had adjourned Mr Onnoghen’s trial to Monday.

    Onnoghen is being tried by the Nigerian government for alleged false asset declaration.

    He has denied any wrongdoing.