The Court of Appeal in Abuja on Monday discharged and acquitted former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
Onnoghen was on April 18, 2019 convicted by the Code of Conduct Tribunal (CCT) for false assets declaration.
In a judgment on Monday, a three-member panel of the court, presided over by Justice Abba Mohammed, voided the conviction of the former CJN.
The court also ordered the release of his assets, including bank accounts, which the CCT had ordered to be forfeited to the Federal Government.
The judgment was derived from the terms of settlement submitted to the court by the Fed Govt and Justice Onnoghen, which the court adopted.
The terms of the settlement brought to an end the three appeals filed by Justice Onnoghen against his conviction and the seizure of his assets.
In the terms of settlement, parties were unanimous that the CCT erred in convicting the appellant without first, resorting to the National Judicial Council (NJC), the body constitutionally empowered to discipline judicial officers in the country.
The terms of settlement was jointly signed by Onnoghen, his two lawyers – Adegboyega Awomolo (SAN) and Ogwu Onoja (SAN) and the Attorney General of the Federation (AGF), Lateef Fagbemi (SAN).
Justice Onnoghen was convicted by the Code of Conduct Tribunal (CCT) in its judgment rendered on April 18, 2019 upon being tried on a six-count charge, marked: CCT/ABJ/01/2019 bordering on false assets declaration and breach of Code of Conduct for Public Officers, brought against him by the Fed Govt.
The CCT among others, ordered Justice Onnoghen’s immediate removal from office as the CJN and stripped him of all other offices he earlier occupied, including as Chairman of the National Judicial Council (NJC), and Chairman of the Federal Judicial Service Commission (FJSC).
The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts, which he was said not to have declared, in the asset declaration form he submitted to the Code of Conduct Bureau (CCB).
Dissatisfied with the CCT’s judgment, Justice Onnoghen challenged the decision and filed three appeals, marked: CA/ABJ/375/2019, CA/ABJ/376/2019 and CA/ABJ/377/2019.
On September 19, Justice Onnoghen’s lawyer, Ogwu Onoja (SAN) told the court that parties were currently talking to ensure an out-of-court resolution of all issues in dispute.
Onoja added that parties had an engagement up until the previous day (September 18) and expressed hope that the discussion would yield fruits.
He then urged the court to grant a month’s adjournment to enable parties conclude talks and reach final settlement.
Fed Govt’s lawyer, Tijani Gazali (SAN) confirmed what Onoja said and also agreed that the cases be adjourned to enable parties conclude their ongoing settlement talks.
When the appeals were called on Monday, Awomolo told the court that parties have signed terms of settlement dated October 24 but filed on November 1.
Gazali, who represented the Federal Government, confirmed what Awomolo said, following which the court adopted the terms as its judgment in the appeals.
Speaking after proceedings, Awomolo said: thanked President Tinubu and the Attorney General of the Federation AGF for ensuring the resolutions of the issue.
“The decision of the Court of Appeal delivered this morning is historical and very significant. It is significant in that, it restored the dignity, honour and integrity of Honourable Justice Walter Samuel Nkanu Onnoghen, past Chief Justice of Nigeria.
“More than these personal gains to His Lordship, is the fact that, the damage done to the honour, integrity, dignity and Independence of judiciary, the third arm of government under the Constitution of the Federal Republic of Nigeria 1999, as amended, has been rebuilt and restores.
“Two decisions and actions of the Executive Arm of Government between 2016 and 2019 did grave damaged to the public perception, integrity and independence of the judiciary.
“The first was the invasion of the homes of judicial officers of the realm, including justice of the Supreme Court in early hours of the night, like a common criminal and bandits.
“It was claimed that there were allegations of corruption against the judicial officers. In the end, none of the judges, publicly humiliated, was found guilty of any corruption charges.
“The second was the unconstitutional removal of the Hon Chief Justice of Nigeria, the Head of the Judiciary, an arm of government, in breach of clear provision of the Constitution. The impurity of the Executive has no precedent and justification.
“These two events have resulted in the poor public perception of Judiciary and low confidence in the integrity and independence of the Judiciary.
“We Thank the Honorable Attorney General of the Federation and the Minster of Justice, Prince Lateef Olasunkanmi Fagbemi, SAN for his candor and forthrightness as demonstrated in this appeal.
“Through the Honourable Attorney General, we send our appreciation to His Excellency, President Bola Ahmed Tinubu, for upholding the spirit and letter of the Constitution of the Federal Republic of Nigeria by affirming the Independence of the Judiciary and respect for the Rule of Law
“The Judiciary remains the foundational structure, the bulwark upon which Nigeria Constitutional democracy rest.
“Nigerians must be encouraged to have confidence and trust in the independence, impartiality and integrity of the judiciary, in just resolution of disputes brought to the Courts.
“Justice us rooted in confidence and that confidence must not be distlodged by Executive interference with the independence and integrity of the Judiciary.
“It is hoped that never in this country will the independence, integrity, honour and dignity of the Judiciary be trampled upon as was done before,” Awomolo said.
*The terms of settlement
The first few paragraphs of the terms of settlement gave an insight into the whole episode, while the subsequent paragraphs contained the settlement terms.
subsequent paragraphs contained the settlement terms.
It reads: “The appellant herein was charged at the Code of Conduct Tribunal (CCT), on a six-count charge, dated the 11th day of January 2019 to which he pleaded not guilty.
“The tribunal, before the commencement of trial, heard and granted an ex-parte application seeking for an order for the appellant to step aside, as the Chief Justice of Nigeria and Chairman of the National Judicial Council and for the President to swear in the next most senior Justice of the Supreme Court as Acting Chief Justice of Nigeria, thereby removing the appellant from office.
“The appellant, before and during the trial, raised objections, challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to hear and determine the matter, same having not been brought by due process of law, as the appellant, being a judicial officer, ought to have been reported to the National Judicial Council first, whose findings and recommendations would determine the action(s) to be taken against him.
“The appellant also filed an application asking the Chairman of the Code of Conduct Tribunal to recuse himself from the proceedings because of the bias conduct he exhibited during the proceedings.
“The objections were nevertheless overruled by the Code of Conduct Tribunal (CCT), which assumed jurisdiction, tried and convicted the appellant by its rulings and judgment delivered on the 18th April, 2019.
*The appellant was dissatisfied with the judgment and rulings of the Code of Conduct Tribunal (CCT) and accordingly filed three notices of appeal at the Registry of the Code of Conduct Tribunal (CCT), on the 29th day of April 2019, followed by the filing of the respective appellant’s briefs.
“The parties herein have expressed collective desires to settle the appeals out of court.
“Pursuant to the above, it is hereby agreed by parties as follows:
*That the respondent concedes the appeals in the following terms: *The three appeals namely: CA/A/375c/2019, CA/A/376c/2019 and CA/A/377c/2019 be consolidated for the purpose of hearing and settlement herein.
*In relation to appeal Nos: CA/A/375c/2019 and CA/A/376c/2019, it is settled that the Code of Conduct Tribunal lacks jurisdiction to try and convict the appellant (a judicial officer) without first resorting to the National Judicial Council (NJC) in accordance with the following decisions: FRN vs NGANJIWA (2022) 17 NWLR (Pt.1860) 407 @ 468; NGANJIWA vs FRN (2018) 4 NWLR (Pt.1609) 301; OPENE vs NJC (2011) LPELR-4795 (CA).
*Secondly, that the tribunal lacks jurisdiction to have tried and convicted the appellant even after the appellant had tendered his voluntary retirement letter and same was accepted unconditionally by the President of the Federal Republic of Nigeria.
In relation to appeal No: CA/A/377c/2019, the Code of Conduct Tribunal also lacks jurisdiction to entertain same without resort to the National Judicial Council (NJC).
*The bank accounts maintained by the appellant with Standard Chartered Bank (Nig.) Limited, Wuse 2, Abuja that were frozen by the judgment, the subject of appeal No. CA/A/375c/2019 be unfrozen forthwith.
*Parties shall take all steps necessary in order to give positive effect to these terms of settlement.
The terms of settlement herein shall be adopted by the honourable court as consent judgment in the three appeals.
*Each party shall bear its respective costs.
*This terms of settlement has been voluntarily entered into by the parties on the date appearing herein.”
