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The Court of Appeal in Abuja has discharged and acquitted a former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, from his conviction of false assets declaration by the Code of Conduct Tribunal (CCT).
The conviction of Onnoghen was thrown out by the appellate court following the resolution of the issues that led to his trial and conviction.
Former President Muhammadu Buhari had on January 25, 2019, about 29 days before the presidential election, suspended Onnoghen from office as the CJN and swore in the next most senior jurist of the Supreme Court, Justice Tanko Muhammad, to take over the leadership of the judiciary.
Delivering judgment, the Presiding Justice, Justice Abba Mohammed, adopted the terms of settlement between the federal government and Onnoghen.
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He also ordered that the four bank accounts of the former CJN forfeited be returned to him.
Shortly after the judgment, Counsel to Onnoghen and Senior Advocate of Nigeria (SAN), Adegboyega Awomolo, thanked President Tinubu and the Attorney General of the Federation (AGF) Lateef Fagbemi for ensuring the resolutions of the issue.
Onnoghen’s suspension came barely eight hours after he announced his decision to inaugurate judges who would preside over election petition tribunals.
Ex-President Buhari’s action elicited varied reactions from both within and outside the judicial circles, with the Nigerian Bar Association, NBA, describing it as a coup against the judiciary.
Onnoghen was later convicted by the Code of Conduct Tribunal, CCT, on a six-count corruption charge that was preferred against him by the Federal Government.
It was alleged that he made a false declaration to the Code of Conduct Bureau.
The Terms Of Settlement
The parties involved settled that the code of conduct tribunal lacked the jurisdiction to try and convict the former CJN without resorting to the National Judicial Council.
Secondly, the tribunal lacked the Jurisdiction to have tried and convicted the former CJN, even after he had voluntarily tendered his retirement letter, which was accepted by the then President.
Thirdly, the tribunal lacked the Jurisdiction to entertain the matter without resorting to the NJC.
Lastly, all parties shall take steps to give a positive effect to the terms of the settlement.
