As predicted yesterday by Huhuonline.com, Nigeria’s most senior judge has resigned, his lawyer said on Friday, less than two months after he was charged with false declaration of assets that government critics said was politically motivated. “Yes, he resigned yesterday,” Chief Justice Walter Onnoghen’s lawyer, Adegboyega Awomolo, (SAN) told the French news agency, AFP, without giving further details. Although the presidency is yet to officially confirm the resignation of the suspended Chief Justice of Nigeria (CJN), Aso Villa sources told Huhuonline.com that Onnoghen’s resignation letter was submitted to the Chief of Staff to the President, Malam Abba Kyari, by some Justices of the apex court, who arrived at the presidential villa a few minutes after President Muhammadu Buhari left Abuja for Jordan to attend the World Economic Forum (WEF).
Onnoghen’s resignation came a day after the regulatory body for judges, the National Judicial Council (NJC), recommended he should be compulsorily retired from service. A presidency source confirmed to Huhuonline.com that President Buhari had on Thursday, before his departure to Jordan, received the NJC’s recommendations on the petitions written against Onnoghen, and the acting CJN, Justice Tanko Muhammad. The report was submitted yesterday to the president by his Chief of Staff, Mallam Abba Kyari, who was accompanied by the Attorney-General and Minister of Justice, Abubakar Malami.
Onnoghen was charged with failing to declare foreign currency bank accounts, in contravention of rules governing declaration of assets for public officials. In violation of statutory legal provisions that a request to remove the CJN normally has to be approved by a two-thirds majority in the Senate, the President proceeded to suspend and replace him, prompting accusations of executive over-reach and even an attempted “coup” against the judiciary. Lawyers protested on the streets.
The President suspended Onnoghen just weeks before the general elections in February; prompting outrage and claims he was trying to manipulate the judiciary. Buhari said in January that apart from the “grievous” allegations in a petition 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.” He said the suspended CJN’s excuse that the non-declaration was due to mistake and forgetfulness was not known to law.
As head of the Supreme Court, Onnoghen could have ruled on any disputes relating to the election, which saw Buhari, of the All Progressives Congress (APC), win a second term of office. His main rival, Atiku Abubakar, of the Peoples Democratic Party (PDP), has launched a legal challenge to the result, after calling the election a “sham”.
Buhari expressed frustration that the Supreme Court had overturned a number of corruption convictions, including of some opposition politicians. Further adding to claims the case was politically motivated was the initial complaint, which was made by a former spokesman for Buhari. Onnoghen has since appeared before the Code of Conduct Tribunal, which rules on alleged breaches of ethics involving public officials. The embattled judge denied the charges and this week closed his defence at the tribunal after calling one witness. Final submissions are due on April 25.
Onnoghen, was born on the Dec. 22, 1950 at Okurike Town, Biase Local Government Area of Cross River State. He began his primary school education at the Presbyterian Primary School, Okurike Town between 1959 and 1965. Before his appointment as the Chief Justice of the Federation, he worked with the Ministry of Justice, Ikeja, Lagos, Ogun State between 1978 to 1979, as the Pupil State Counsel.
From 1989 – 1998, he was a High Court Judge of Cross River State Judiciary. During his time as the High Court Judge of Cross River State Judiciary he was made the Chairman of Cross River State Armed Robbery and Firm Arms Tribunal and he held the post for 3 years (1990 – 1993).
Sometime in 1996 while still holding the post of High Court Judge of Cross River State Judiciary, he was appointed the Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar. In 1998, he was the Chairman, Failed Bank Tribunal, Ibadan Zone. From 1992 to 2004, he served as the Judge, High Court of River State while from 1998 to 2005 he served as the Justice of the Court of Appeal.
In February 2016, Justice Onnoghen led a seven-man panel of Justices of the apex court who reviewed and upheld the death sentence of Chukwuemeka Ezeugo (aka Rev. King) of the Christian Praying Assembly. In 2007, Justice Onnoghen played a huge role in 2007 election which saw the Late Umaru Yar’adua as President of the federal republic of Nigeria. He had a dissenting judgment that indeed annulled the presidential election. His position was however a minority judgment. After being nominated as the Chief Justice of the Supreme Court of Nigeria by the Acting President, Yemi Osinbajo, Onnoghen was confirmed by the Senate on 1 March 2017, and sworn in on 7 March 2017.
