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Onnoghen: Judgement Day for number one judge
It is judgement day for the immediate past Chief Justice of Nigeria (CJN), Justice Walter Onnonghen, as the Code of Conduct Tribunal (CCT) rules on charges of non-declaration of assets filed against him by the Federal Government, TUNDE OYESINA reports
History will be made again in the nation’s judiciary , as the Code of Conduct Tribunal sitting in Abuja will deliver judgement in the alleged non declaration of assets charge filed by the Federal Government against the retired Chief Justice if Nigeria (CJN), Justice Walter Onnoghen.
The judgement is coming at about four months the matter started. Onnoghen had on March 31, sent in his letter of voluntary retirement as the number one judicial officer of the country. Prior to his resignation, he has been arraigned on a six count criminal charge bothering on alleged non declaration of five of his domiciliary and local accounts domiciled with Standard Chartered Bank.
Onnoghen’s resignation equally came barely 24 hours after the National Judicial Council (NJC) sent in its recommendation based on the finding of an investigative panel to President Muhammadu Buhari.
Though the Council did not revealed what was contained in its recommendation to the President, it was speculated that it recommended that Onnoghen should be compulsorily retired, a decision some people have described as a soft landing for the embattled CJN.
Onnoghen was appointed by President Muhammadu Buhari on November 10, 2016, as the Acting CJN. In line with constitutional provisions, his name was sent to the Senate on February 7, 2017, by Acting President Osinbajo for confirmation.
The upper legislative chamber screened and confirmed his nomination and he was sworn-in by Osinbajo on March 6, 2017. But, earlier this year, precisely, January 7, a civil society group, Anti-Corruption and Research Based Data Initiative (ARDI), had written a petition against Onnoghen , alleging non declaration of assets and submitted same to the Code of Conduct Bureau (CCB).
The Federal Government had subsequently in the charge marked CCT/ABJ/01/19, alleged that Onnoghen’s failure to properly declare his assets was in violation of section 15(2) of Code of Conduct Bureau and Tribunal Act.
The six count charge reads: “That you Justice Walter Onnoghen CJN, GCON between 8th June 2005 to 14th December 2016, being a public officer serving as Judicial Officer in the Federal Republic of Nigeria as a Justice of the Supreme Court, failed to declare and submit a written declaration of your assets and liabilities within the prescribed period of three months after being sworn in as the justice of the Supreme Court of Nigeria on the 8th day of June 2005 and you thereby contravened the provision of section 15(1) of Code of Conduct Bureau and Tribunal Act Cap C 15 LFN 2004 and punishable under section 23(2) a, b and c of the same act.
“That you Justice Walter Onnoghen CJN, GCON being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14yh December, 2016 refused to declare a domiciliary (US Dollar) account No 870001062650 maintained with Standard Chartered Bank (Nig) Ltd Wuse 2, Abuja which is being operated since 2011 and you thereby contravenes the provisions of section 15(2) read along with section 15(1) of the code of conduct bureau and tribunal act Cap C 15 LFN 2004 punishable under section 23(2) a, b and c of the same act.
“That you Justice Walter Onnoghen CJN, GCON being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December, 2016 falsely declared your assets in your Assets declaration form CCB 1(after you were sworn in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (Euro) No 93001062686 maintained with Standard Chartered Bank (Nig) Ltd Wuse 2, Abuja which is being operated since 2011 and you thereby contravenes the provisions of section 15(2) read along with section 15(1) of the code of conduct bureau and tribunal act Cap C 15 LFN 2004 punishable under section 23(2) a, b and c of the same act.
“That you Justice Walter Onnoghen CJN, GCON being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December, 2016 falsely declared your assets in your Assets declaration form CCB 1(aftwr you were sworn in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (Pound sterling ) No 285001062679 maintained with Standard Chartered Bank (Nig) Ltd Wuse 2, Abuja which is being operated since 2011 and you thereby contravenes the provisions of section 15(2) read along with section 15(1) of the code of conduct bureau and tribunal act Cap C 15 LFN 2004 punishable under section 23(2) a, b and c of the same act.
“That you Justice Walter Onnoghen CJN, GCON being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December, 2016 falsely declared your assets in your Assets declaration form CCB 1(aftwr you were sworn in as the Justice of the Supreme Court of Nigeria) by omitting to declare an e-Saver savings (Naira) account No 5001062693 maintained with Standard Chartered Bank (Nig) Ltd Wuse 2, Abuja which is being operated since 2011 and you thereby contravenes the provisions of section 15(2) read along with section 15(1) of the code of conduct bureau and tribunal act Cap C 15
LFN 2004 punishable under section 23(2) a, b and c of the same act.
“Thatyou Justice Walter Onnoghen CJN, GCON being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December, 2016 falsely failed to declare declared your assets in your Assets declaration form CCB 1(after you were sworn in as the Justice of the Supreme Court of Nigeria) by omitting to declare a Naira account No 010001062667 maintained with Standard Chartered Bank (Nig) Ltd Wuse 2, Abuja which is being operated since 2011 and you thereby contravenes the provisions of section 15(2) read along with section 15(1) of the code of conduct bureau and tribunal act Cap C 15 LFN 2004 punishable under section 23(2) a, b and c of the same act.”
The tribunal, however, scheduled January 14 for Onnoghen’s arraignment, but he was not present at the tribunal based on alleged improper service of summons on him.
On the same day, the Federal High Court sitting in Abuja granted an interim order stopping the tribunal from further continuing with the trial.
Similarly, on January 15, the National Industrial Court sitting in Abuja gave another order restraining the police from arresting Onnoghen and also stopping the tribunal from proceeding with the trial.
On January 16, the Federal Government through office of the Attorney General of the Federation (AGF) asked the Nigerian Financial Intelligence Unit (NFIU) to freeze five bank accounts belonging to Onnoghen.
On the next adjourned date of January 22, Onnoghen was equally absent at the tribunal on ground that there was an appeal pending before the Court of Appeal.
The Federal Government, however, approached the tribunal on January 23, with an ex-parte application praying for the suspension of Onnoghen and same was granted.
President Buhari, acting on the order of the tribunal on January 25 suspended Onnoghen and inaugurated the second most senior justice of the Supreme Court, Justice Tanko Muhammad as the acting CJN.
Following his suspension, the Police on January 28 sealed off Onnoghen’s office.
The Court of Appeal, Abuja division consequently ruling on the application, filed by Onnoghen to stop CCT from trying him on January 30, threw out the application.
Onnoghen finally appeared before the tribunal on February 15 and pleaded not guilty to the charge after which he was admitted to bail on self recognition.
The prosecution, however, called three witnesses to give evidence against Onnoghen.
After the prosecution closed its case, Onnoghen filed a no case submission, which was refused by the tribunal. But, on the order of the tribunal, he opened his defence by calling one witness, after which he closed his case.
The three man panel of the tribunal led by Danladi Umar adjourned till April 15 for adoption of written addresses.
In a similar vein, the NJC, acting on the petition before it, on April 3, said it has forwarded the outcome of its investigation into corruption allegations against Onnoghen, to President Muhammadu Buhari, for action.
The Council made this known in a statement that was signed by its Director of Information, Soji Oye.
The Council said it convened an emergency meeting to consider the report of the five-man committee it constituted to investigate allegations of misconduct that were levelled against Justice Onnoghen and the Acting CJN, Justice Tanko Muhammad.
The Council however noted tgat it decided to refrain from considering the allegation that Justice Onnoghen failed to declare his assets, on ground that it would amount to subjudice since the matter is in court.
The statement read in part: “The National Judicial Council reconvened today in an Emergency Meeting to consider the Report of the Five-Man Committee constituted to investigate the allegations of misconduct made against Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I. T. Muhammad, CFR.
“Council decided that the allegations relating to assets declaration that were levelled against Hon. Mr. Justice W. S. N.Onnoghen, GCON were subjudice and therefore abstained from considering them.
“Council reached a decision on the petitions written by Economic and Financial Crimes Commission (EFCC) and others and conveyed its decision to President Muhammadu Buhari, GCFR.
“Council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Mr. President.”
The Council had on February 13, said it was satisfied that corruption allegations against the suspended CJN deserved to be investigated.
The Council equally approved probe of the Acting CJN, Justice Muhammad, on the allegation that he engaged in misconduct by making himself available to be sworn by President Buhari as Onnoghen’s replacement.
Pursuant to Rule 20 (1) of the Judicial Discipline Regulations, the NJC, constituted a five-man investigation panel headed by a retired Justice of the Supreme Court, Justice S. A. Akintan, to look into various petitions that were lodged both against Onnoghen and Muhammad.
The council equally directed the Investigation Committee “to work expeditiously, determine all the petitions and responses and report to Council for a final decision.”
However, the tribunal on Monday, fixed today to deliver judgement on the non assets declaration charge against Onnoghen.
The three-man panel tribunal led by Danladi Umar fixed the date after the prosecution and defendant counsel adopted their final written addresses.
Meanwhile, while adopting his address, Onnoghen through his counsel, Okon Nkanu Efut (SAN), urged the tribunal to discharge and acquit him on ground that the Federal Government failed to prove that he committed any offence that is known to the law.
Also, Nkanu argued that false declaration of asset charge against Onnoghen was unknown to law because it was not clearly defined by the constitution.
He added that for the prosecution to succeed, the elements of each count in the six-count charge must be well established and its absence, the tribunal, under the law must rule in favour of the defendant.
The defendant 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 favour of the defendant.
Nkanu further submitted that from the asset declaration form of Onnoghen, which was admitted by the tribunal as exhibit, was clear that the claims of Onnoghen were not verified by the CCB as required by law and therefore the charges against his client were based on hearsay.
Consequently, the defence counsel prayed the tribunal to dismiss the entire charges, discharge and aquit Onnoghen of the alleged offences.
The prosecution counsel, Aliyu Umaru (SAN), in his own submission, asked the tribunal to convict and impose maximum punishment on the former CJN, contending that it successfully established that he acted in breach of the code of conduct for public officers in the country.
He insisted that the defendant did not declare his assets between 2005 and 2015, and added that when he did so on December 14, 2016, five bank accounts with Standard Chartered Bank opened between 2009 and 2011, were not declared.
The prosecution therefore, urged the tribunal to hold that the prosecution has proved its case beyond reasonable doubt.
Besides the judgement on the non assets declaration charge against Onnoghen, the tribunal will also deliver ruling on two applications filed by Onnoghen challenging the jurisdiction of the tribunal and another application asking its Chairman to recuse himself of the case.
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