The Code of Conduct Tribunal (CCT) has convicted the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, for false declaration of assets and banned him from holding public office for 10 years.
The Tribunal presided over by Justice Danladi Umar and two others, declared that Onnoghen falsely declared his asset by hiding five accounts listed in the charge; in breach of the provision of Section 36 of the CCT Act. Aside his removal as CJN and Chairman of the National Judicial Council (NJC), Onnoghen will forfeit the money in the said accounts traced to him, and was also stripped of all benefits attached to former offices he held.
Although Onnoghen reportedly resigned a few weeks after his trial began at the CCT, the chairman of the tribunal Danladi Umar Thursday said he should be removed immediately. Onnoghen had earlier on Thursday lost his bid to stop the CCT from trying him. The tribunal ruled that the prosecution of former Chief Justice was in order and that it was competent to hear the case. Following that ruling, the Tribunal Chairman, Justice Danladi Umar, then delivered the judgement of the tribunal.
Onnoghen was first arraigned before the CCT by the Code of Conduct Bureau (CCB) in January. The CCB accused Onnoghen of failing to declare his assets from June 2005, after he became a Justice of the Supreme Court till December 2016, two months after the Federal Government raided the homes of several judges, including those of the Supreme Court in October 2018. According to the six-count charge brought against him, Onnoghen was also accused of false declaration of his assets, following his alleged failure to include some domiciliary accounts managed by the Standard Chartered Bank.
President Muhammadu Buhari said in January that apart from the “grievous” allegations against Onnoghen, “the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law. In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019,” Buhari said.
He said Onnoghen’s excuse that the non-declaration was due to mistake and forgetfulness was not known to law. Subsequently, Buhari on January 25 suspended Onnoghen as CJN, just a few days to the 2019 general election and swore-in Justice Ibrahim Tanko Mohammed as acting Chief Justice of Nigeria. But critics said the president’s move was in violation of the same Rule of Law.
The opposition People’s Democratic Party (PDP) said Buhari’s decision “is symptomatic of the increasing desperation that President Buhari and the cabal pulling the strings have as February 16, 2019, draws near.” Buhari’s decision also prompted criticism from the US and the European Union. The Nigerian Bar Association (NBA) said the president was trying to put someone compliant at the top of the Supreme Court in the event of a dispute over the election, which Buhari won. PDP has alleged that the election was rigged and the party is challenging the results in court.
Before delivering the verdict, the CCT dismissed two applications filed by Onnoghen for lacking in merit.
The two motions, one challenging the jurisdiction of the tribunal to try him; and the other asking the CCT chairman, Danladi Umar, to recuse himself over the likelihood of bias were both discountenanced and subsequently dismissed. The tribunal in the landmark judgment read by the chairman held that the tribunal has jurisdiction try the suspended CJN.
Earlier, Mr. Okon Efut (SAN), Counsel for Onnoghen maintained that the prosecution failed to prove the allegations brought against his client beyond reasonable doubt as required by law. Efut urged the CCT to discountenance the prosecution’s argument that Onnoghen’s statement made to the CCB amounted to an admission of an offence. “It is erroneous to hold that the statement made by Onnoghen to the Code of Conduct Bureau was a confessional as alleged by the prosecution,” he said. Efut further urged the tribunal to hold that the charges against the defendant were incompetent and unconstitutional as they were not based on the provisions of the CCT and CCB Act.
The defence submitted that the petition against Onnoghen was political. They also averred that the testimony of the defence witness was valid enough to deflate all the argument advanced by the prosecution. According to Efut, the suspended CJN has not committed any infraction on the CCT or CCB Act to warrant his trial.
On his part, Aliyu Umar (SAN), Counsel for the Federal Government, said the defence team was only attempting to re-define what constituted “proof beyond reasonable doubt.” He urged the tribunal to hold that the prosecution indeed proved the case beyond reasonable doubt, adding that the panel should pronounce a guilty verdict on Onnoghen. Umar further submitted that the defendant committed an unforgivable infraction on the Code of Conduct Bureau and Code of Tribunal Act by allegedly failing to declare his assets as at when due.
The prosecution also said Onnoghen failed to clearly provide evidence that absolved him of the offences. Umar further submitted that Onnoghen’s attempt to correct the anomaly after years of laying back was antithesis to the provisions of the law. The prosecution also accused Onnoghen of operating hidden domiciliary accounts containing some huge amount of foreign currencies.
Onnoghen on April 4 in a letter notified Buhari of his decision to vacate office as the Chief Justice of Nigeria. The resignation letter was tendered a day after an NJC emergency meeting recommended that the president sends Onnoghen on compulsory retirement. The presidency is yet to comment or act on Onnoghen’s resignation letter.
