President Muhammadu Buhari has maintained a conspicuous silence over the notice of resignation sent to him by the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, whose fate over the alleged false asset declaration trial at the Code of Conduct Tribunal (CCT) would be decided next Thursday by the three-man panel headed by Danladi Umar.
Following an indictment by the National Judicial Council (NJC) over a petition filed against him by the Economic and Financial Crimes Commission (EFCC), Onnoghen reportedly tendered his resignation, apparently to forestall the NJC’s recommendation that he be compulsorily retired from service. Buhari, who was abroad in Jordan at the time Onnoghen sent in his resignation letter on April 5, is yet to decide whether to accept his voluntary resignation or opt for the NJC recommendation. The president’s silence since returning to the country has fueled speculation that he might be awaiting the outcome of the embattled CJN’s trial at the CCT.
On Monday, the CCT adopted written addresses by both defence and prosecution lawyers, and fixed Thursday for judgement. On that day, the tribunal would also deliver its rulings on two applications filed by Onnoghen in which he challenged the jurisdiction of the CCT to hear the suit and another, in which he prayed the CCT chairman to recuse himself from the trial on account of bias.
The Chairman of the three-man panel, Danladi Umar, yesterday fixed the date for judgment shortly after the defence lawyer, Okon Efut (SAN), and the prosecution lawyer, Aliyu Umar (SAN), adopted their written addresses as their final brief of argument. The judgment comes almost three months after the CCT arraigned Onnoghen, following a petition written to the Code of Conduct Bureau (CCB) by an NGO.
Adopting his address, Onnoghen’s lawyer, Efut, urged the tribunal to dismiss the six-count charge because they were not known to law, adding that the defendant can only be punished for offence known to law. Efut also said the prosecution did not prove the ingredients of the element of the offence of false asset declaration. Efut particularly faulted the claim of the prosecution that Onnoghen made partial asset declaration, adding that the claim establishes the fact that Onnoghen declared his asset and that if it was done; it raises doubts that must be resolved in favor of the defendant.
He further submitted that from the asset declaration form of Onnoghen, which was admitted by the tribunal as exhibit, it was clear that the claims of Onnoghen were not verified by the CCB as required by law, saying the charges against his client were based on hearsay. The defence counsel therefore, prayed the tribunal to dismiss the entire charges, discharge and acquit Onnoghen from the alleged offences.
Responding, the prosecution counsel, Umar, urged the tribunal to discountenance the submissions of the defence as being misconceived. Umar argued that all the essential ingredients of the charges were proven beyond all reasonable doubts and urged the tribunal to uphold his submission. He insisted that Onnoghen did not declare his asset between 2005 and 2015, adding that when he did on Dec. 14, 2016, five bank accounts with Standard Chartered Bank opened between 2009 and 2011 were not declared.
Umar in addition stated that Onnoghen had admitted to the offence in Exhibit 6 when he stated that he “forgot” to declare the bank accounts. He, therefore, prayed the tribunal to find Onnoghen guilty as charged and convict him accordingly.
Monday’s sitting of the CCT recorded some drama following a shouting match that erupted amongst members of the prosecution team as proceedings got underway. As the lead prosecution lawyer Umar was making his submission; a member of his team, Prof. Zainab Duke, attempted to speak to the bench but was shouted down by Umar. It is not clear what led to argument but Umar was heard shouting Duke to “Sit down, I am leading.” Umar said: “She wants to address the tribunal but I have not given her permission to do that.” Duke got up to explain to the CCT chairman but she was shut down. Thereafter, Umar requested that her name be removed from appearance. “I want to apply that her name be withdrawn from appearance,” he said. Ruling on the application, the CCT chairman said Duke should “take her leave or take her seat at the back bench.” She stormed out of the tribunal.
It would be recalled that President Muhammadu Buhari had on January 25, 2019 suspended Onnoghen as CJN based on an exparte order of the CCT and sworn in Justice Tanko Muhammad to serve in acting capacity. When the NJC recommended the compulsory retirement of Onnoghen at its emergency meeting of April 3, 2019 in Abuja, Onnoghen tendered his resignation letter to the president the next day. It remains to be seen what the president will do if the CCT convicts Onnoghen. So far, Buhari has boxed himself into a corner over the issue by dithering and being indecisive.
