Appeal Court Quashes Ex-CJN Onnoghen’s Conviction on False Assets Declaration 

Alex Enumah in Abuja

The Court of Appeal, Abuja, on Monday quashed the conviction of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen on false assets declaration by the Code of Conduct Tribunal (CCT).
In a judgement based on the terms of settlement reached between the federal government and Onnoghen, the appellate court also ordered the return of four bank accounts earlier forfeited, to the former CJN.
Onnoghen was found guilty and accordingly convicted on false asset declaration charge on April 18, 2019, by the Umar Yakubu Danladi tribunal.
Displeased with the verdict, Onnoghen then approached the appellate court to quash the conviction and set him free.
But when the matter came up for hearing, parties informed the court of moves to settle the case outside the court.
Onnoghen’s lead counsel, Chief Adegboyega Awomolo, SAN, at the resumed hearing announced the terms of settlement dated October 24 but filed on November 1, and was confirmed by FG’s lawyer, Mr Tijani Gazali, SAN.
Besides Awomolo, other members of the former CJN’s legal team include; Chief Chris Uche, SAN, Mr. Okon N. Efut, SAN, Dr. Ogwu James Onoja, SAN, Mr. Moses A. Ebute, SAN, George Ibrahim, SAN, with five other legal practitioners.
Parties in the terms of settlement unanimously agreed that the CCT was wrong in convicting Onnoghen without resort to the National Judicial Council (NJC) as a body constitutionally empowered to discipline judicial officers in Nigeria.
Meanwhile the terms of settlement were endorsed by Onnoghen, two of his lawyers, Chief Adegboyega Awomolo, SAN, and Dr. Ogwu James Onoja, SAN, while the Attorney General of the Federation and Minister of Justice, (AGF) Prince Lateef Olasunkanmi Fagbemi SAN signed for the federal government.
However, following the adoption of report on terms of settlement submitted before the appellate court by all parties, a three-member panel of justices led by Justice Abba Bello Mohammed on Monday dismissed the case.
In a brief remark, Onnoghen’s lawyers Chief Adegboyega Awomolo, SAN and Ogwu James Onoja, SAN, thanked President Tinubu and the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, for ensuring the resolutions of the issue.
Recall that the CCT had in 2019 convicted Onnoghen in all the 6-count charge bordering on breach of Code of Conduct for public officers brought against him by the federal government while in office as head of the country’s judiciary.
Delivering judgement, Chairman of the CCT, Danladi Yakubu Umar, had ordered the immediate removal of Onnoghen from office as the CJN.
The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, (NJC), and also the Chairman of the Federal Judicial Service Commission.
The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, (CCB), an agency of the federal government.
Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.
But dissatisfied with the CCT decision, Onnoghen on April 29, 2019 approached the Court of Appeal in Abuja with 16 grounds on why his conviction by the Tribunal should be quashed.
The former head of the Nigerian judiciary prayed the Court of Appeal to void and set aside the CCT judgment delivered against him on April 18, 2019, on various grounds.
In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN, asked the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and absence of fair hearing.