FORMER CJN: JUSTICE DELAYED NOT DENIED

The court of appeal in Abuja has discharged and acquitted Walter Onnoghen, former chief justice of Nigeria (CJN).

Onnoghen had been suspended from office in 2019 and convicted for alleged false declaration of assets.

The appeal court discharged Onnoghen after adopting the terms of settlement reached between the federal government and the defendant.

Abba Mohammed, the presiding judge, ordered that the former CJN’s four bank accounts be returned to him.

“The Code of Conduct Tribunal (CCT) also lacks jurisdiction to entertain the matter without resorting to the National Judicial Council (NJC),” the appellate court held.

“The bank accounts maintained by the appellant with Standard Chartered Bank (Nig) Limited, Wuse 2, Abuja, that were frozen by the judgment, shall be unfrozen forthwith.

“Parties shall take all steps necessary to give positive effect to these terms of settlement.

“In consequence, the appellant herein is hereby discharged and acquitted.”

In April 2019, a three-member panel of the CCT led by Danladi Umar, chairman of the tribunal at the time, convicted Onnoghen on six counts bordering on false assets declaration and ordered that he be removed from office.

In the appeal marked CA/ABJ/375 & 376 & 377/2019, Onnoghen prayed the court to void and set aside the CCT’s judgment on various grounds.

The former CJN argued that the tribunal chairman was biased and denied him fair hearing.

Listing some of the “errors” in the CCT’s verdict, Onnoghen argued that he was a judicial officer at the time the charge was filed on January 11, 2019, and should not have been subjected to the jurisdiction of the lower tribunal.

He added that only the NJC had the power to discipline him for misconduct and not the lower tribunal.

Onnoghen also challenged the ruling on the confiscation of his assets. He said the order violated provisions of paragraph three of section 23 of the CCB Act, which only permits the seizure of such properties “if they were acquired by fraud”.

He faulted the failure of the prosecution to present Denis Aghanya, whose petition led to the charges against him.