The Court of Appeal in Abuja has discharged and acquitted former Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, from his conviction for false asset declaration by the Code of Conduct Tribunal.
A three-member panel of the Appeal Court, led by Justice Abba Bello Mohammed, acquitted the ex-CJN and ordered that all his frozen bank accounts be unfrozen immediately.
Mohammed’s verdict is based on the terms of settlement reached by his legal team and the office of the Attorney General of the Federation, Lateef Fagbemi SAN.
Recall that President Muhammadu Buhari suspended the Chief Justice of Nigeria (CJN) Walter Onnoghen in January 2019. The President took this step following the recommendation of the Code of Conduct Tribunal (CCT), which eventually convicted him on April 19, 2019.
Justice Ibrahim Tanko Mohammed was then sworn in as the Acting CJN.
At the resumed sitting on Monday, Onnoghen’s lead counsel, Adegboyega Awomolo SAN, informed the court that, in line with the court’s earlier direction, the parties had agreed to settle and had adopted the terms of settlement.
A. Gazali SAN, counsel for the AGF, aligned with Awomolo’s submissions and adopted the terms of settlement.
The appeal court subsequently held that, regarding the appeal, it is settled that the Code of Conduct Tribunal lacked jurisdiction to try and convict the appellant (a judicial officer) without first resorting to the National Judicial Council (NJC), the apex judicial body.
Secondly, the appeal court held that the tribunal lacked jurisdiction to have tried and convicted the appellant even after he had tendered his voluntary retirement letter, which was accepted by the Federal Republic of Nigeria.
“The Code of Conduct Tribunal also lacks jurisdiction to entertain the matter without resorting to the National Judicial Council.”
“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,” the appeal court held.
After the ruling, Awomolo urged the appeal court to make further consequential orders.
“In consequence, the appellant herein is hereby discharged and acquitted,” the appeal court judge ruled.
Awomolo considered the ruling as a policy shift in the judiciary, stated that the Executive arm of government at the time stepped beyond its boundaries by removing the ex-CJN without consulting the NJC.
He thanked the AGF and President Bola Tinubu for fast-tracking the settlement.
