Ime Akpan
The suspended Chief Justice of Nigeria (CJN), Mr. Walter Onnoghen, who is facing a six-count charge at the Code of Conduct Tribunal (CCT) for non-declaration of assets, has revealed the sources of his dollar-denominated bank accounts.
In a ‘Cautionary Statement Form’ filed at the Department of Intelligence Investigation and Monitoring, Code of Conduct Bureau (CCB), in Abuja, Onnoghen said the deposits in his dollar accounts were from trading in foreign exchange (forex), AGRICODE, while other investment returns were from proceeds of his investments.
The Sun reports that Onnoghen’s averments were contained in a voluntary statement he made at the CCB.
He declared that “the deposits made in my US Dollar account No. 87000106250 with STD. Chartered Bank of $10,000 at different intervals of June 28, 2011 were sourced partly from my reserve and saving from my estacodes, including medical expenses.
“The same applies to my deposit of July 28, 2011, of $10,000 twice. It is important to state that prior to my opening the US dollar account, I had foreign currency, which I kept at home, due to the fact that there existed a government that proscribed the operation of foreign currency account by public officers including judicial officers.
“It was when I got to know that the policy had changed that I had to open the said account. Upon opening the account, I was made to understand that I cannot pay in more than $10,000 at a time and per payment slip. I cannot remember the total amount I had on reserve at the time, but it spread from my practice days as a private legal practitioner from 1979 to 1989.
“Some of the deposits are a result of forex trading, AGRICODE, and other investment returns were from proceeds of my investments into them. The withdrawals in the account are partly to pay children’s fees, upkeep abroad and further investments. My British pound and euro accounts with Chartered Standard Bank are savings accounts.”
“In the January 1, 2019 document, the suspended jurist, who wrote his statement on January 11, 2019, between 12:30pm to 1: 45pm added: “I, Walter S. N. Onnoghen, of the Supreme Court of Nigeria, hereby, voluntarily depose to the statement averred herein, knowing that whatever I write or state may be tendered against me as evidence in court.
“I also volunteer to state that the statement was not taken in evidence from me under duress but after the administering officer had explained and made known the details of the allegations against me.”
In response to allegations of non-declaration of his assets, justice Onnoghen added: “My asset declaration for numbers. SCN000014 and SCN.0000 5 were declared on the same day, December 14, 2016 because I forgot to make a declaration of May 2005 of my assets after the expiration of my 2005 declaration in 2009.
“Following my appointment as acting chief justice of Nigeria in November 2016, the need to declare my asset anew made me to realise the mistake and then did the declarations to cover the period in default.
“I did not include my Standard Chartered Bank Account in SCN. 000014 because I believed they were not opened during the period covered by the declaration.
“I did not make a fresh declaration of asset after my substantive appointment as CJN because I was under the impression that my SCN. 000015 was to cover the period of four years, which includes my leave as CJN.”
It would be recalled that Onnoghen was suspended on January 25 by President Muhammadu Buhari.
Immediately, Buhari swore in Justice Tanko Mohammed immediately as acting CJN pending the determination of the case against the CJN.
The president claimed to have received “an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other for a relating to his alleged breach of the Code of Conduct for Public Officers.”
It would also be recalled that the National Judicial Council (NJC) had issued queries to Onnoghen and the acting CJN.
While Onnoghen was asked to respond to the allegations leveled against him, especially why he failed to declare all his assets as stipulated by law, Mohammed was demanded to explain why he allowed himself to be sworn-in by President Muhammadu Buhari without the recommendation of the Council as stipulated by the constitution.
The two judges were given seven days to respond to the queries.
It would also be recalled that Onnoghen’s arraignment at the CCT was consequent upon a petition by Anti-corruption and Research Based Data Initiative (ARDI) alleging some illegal transactions discovered in the CJN’s bank accounts.
The ARDI, in the petition to the CCB had alleged that “Onnoghen was the owner of sundry accounts primarily funded through cash deposits made by himself up till as recently as 10th August, 2016, which appear to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.”
The group also alleged that Justice Onnoghen made five different cash deposits of $10, 000 each on March 8, 2011 into Standard Chartered Bank Account No. 1062650; two separate cash deposits of $5000 each followed by four cash deposits of $10, 000 each on June 7, 2011; another set of five separate cash deposits of $10,000 each on June 27, 2011, and four more cash deposits of $10,000 each the following day.
The group further alleged that prior to 2016, Onnoghen appeared “to have suppressed or otherwise concealed the existence of these multiple domiciliary accounts owned by him, as well as the substantial cash balances in them.”
“The discrepancy between Justice Walter Onnoghen’s two CCB forms that were filed on the same day is significant.
“In filling the section on Details of Assets, particularly cash in Nigerian Banks, His Lordship, as Declarant SCN: 000014, mentioned only two bank accounts: Union Bank account number 0021464934 in Abuja, with balance of N9,536,407, as of 14th November, 2014, and Union Bank account number 0012783291 in Calabar, with balance of N11, 456,311 as of 14th November, 2014.
“The sources of the funds in these accounts are stated as salaries, estacodes and allowances.
“As Declarant SCN: 000015, His Lordship however lists seven bank accounts: Standard Chartered account 00001062667, with balance of N3,221,807.05 as of 14th November, 2016; Standard Chartered account 00001062650, with balance of $164,804.82, as of 14th November, 2016; Standard Chartered account 5001062686, with balance of €55,154.56, as of 14th November, 2016.”
Others are Standard Chartered Bank account 5001062679 with balance of £108,352.2, as of 14th November, 2016; Standard Chartered Bank account 5001062693 with balance of N8, 131,195.27, as of 14th November, 2016; Union Bank account 00021464934 with balance of N23, 261,568.89, as of 14th November, 2016 and Union Bank account 0012783291 with balance of N14, 695,029.12, as of 14th November, 2016,” stated ARDI.
The petitioner alleged that the foreign currencies in the Standard Chartered Bank accounts that were declared by the CJN had been in existence since 2011, noting that the number one judicial officer in the country appeared to have concealed the substantial money in them.
“It is curious that these domiciliary accounts were not declared in one of the two CCB Forms filed by Justice Onnoghen on the same day, 14th December, 2016.”
The group stated that Onnoghen did not declare his assets immediately after taking office, contrary to Section 15 (1) of CCB and Tribunal Act, stressing that he did not comply with the constitutional requirement for public servants to declare their assets every four years during their career.