A three-man panel of the Court of Appeal, Abuja Division on Monday quashed the conviction of the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen of false assets declaration offence for which he was tried and sacked by the Code of Conduct Tribunal (CCT).
Recall that Onnoghen was convicted on April 18, 2019 by the CCT which found him guilty of all six counts bordering on asset declaration fraud.
Although Onnoghen who was suspended from office as CJN by President Muhammadu Buhari on January 25 resigned on April 4, the chairman of the CCT, Mr Danladi Umar who read the judgement directed that he should be removed immediately and went ahead to strip Onnoghen of all the entitlements attached to the former offices he held.
He also said the erstwhile CJN should forfeit the money in his five bank domiciliary accounts that were not declared to the Nigerian government because they were acquired illegally.
Furthermore, the CCT barred Onnoghen from holding public office for the next 10 years.
“The defendant is hereby removed from office as the CJN, the chairman of the National Judicial Council (NJC) and the chairman of the Federal Judicial Service Commission.
“The money in the five accounts which the defendant has failed to declare and disclose its source is hereby confiscated, seized and forfeited to the Federal Government of Nigeria as the money was acquired illegally and the defendant has failed to adduce any evidence how he acquired the money.
“The defendant is hereby banned from holding public office for 10 years,” Umar said.
However, the three-man panel of justices which adjudicated on Onnoghen’s appeal set aside the judgement of the tribunal based on the terms of settlement reached in the matter between the federal government and the former CJN.
According to the appellate court, “Judgment is entered in the appeal as per terms of settlement between the appellant and the respondent” and ordered that all the bank accounts and assets seized from the former CJN be restored back to him immediately.
The terms of the settlement reads: “The Appellant herein was charged at the Code of Conduct Tribunal (CCT), on six counts dated January 11, 2019, to which he pleaded not guilty;
“The tribunal before the commencement of trial, heard and granted an ex-parte application seeking for an order for the appellant to step aside as the Chief Justice of Nigeria and chairman of the National Judicial Council, and for the president to swear in the next most senior Justice of the Supreme Court as acting Chief Justice of Nigeria, thereby removing the appellant from office.
“The appellant before and during the trial, raised objections challenging the jurisdiction of the Code of Conduct Tribunal (CCT), to hear and determine the matter same having not been brought by due process of the law, as the appellant being a judicial officer, ought to have been reported to the National Judicial Council first; whose findings and recommendations would determine the action(s) to be taken against him;
“The appellant also filed an application asking the chairman of the code of conduct tribunal to recuse himself from the proceedings because of the biased conduct he exhibited during the proceedings. The parties herein have expressed a collective desire to settle the appeals out of court.
“Pursuant to the above, it is hereby agreed by the parties as follows: That the respondent concedes the appeals in the following terms: “That the three appeals namely: (1) CA/A/375c/2019 (2) CA/A/376c/2019 and (3) CA/A/377c/2019 be consolidated for the purpose of hearing and settlement herein.
“That in relation to appeal nos: CA/A/375c/2019 and CA/A/376c/2019, it is settled that the code of conduct tribunal lacks jurisdiction to try and convict the appellant (a judicial officer) without first resorting to the National Judicial Council (NJC) in accordance with the following decisions: FRN vs NGANJIWA (2022) 17 NWLR (Pt.1860) 407 @ 468; NGANJIWA vs FRN (2018) 4 NWLR (Pt.1609) 301; OPENE vs NJC (2011) LPELR-4795 (CA).
“That the tribunal lacks jurisdiction to have tried and convicted the appellant even after the appellant had tendered his voluntary retirement letter and same was accepted unconditionally by the President of the Federal Republic of Nigeria.”
