The Court of Appeal, Abuja, has overturned the conviction of former Chief Justice of Nigeria, Samuel Walter Onnoghen, for alleged non-declaration of his assets.
The court, on Monday, also ordered the bank to unfreeze his accounts frozen in 2019, which are all maintained with Standard Chartered Bank (Nig.) Ltd.
The three-member panel of the appellate court gave the order while ruling on an appeal filed by the former CJN, challenging his removal from office by the Code of Conduct Tribunal.
The court discharged and acquitted the former CJN of his conviction, setting aside the ruling of the CCT, led by Danladi Umar.
The appellate court held that the CCT lacked jurisdiction to hear the matter.
Onnoghen had filed an appeal against the judgement of the CCT that ordered his removal from office in 2019.
The Ex-CJN in his appeal marked CA/ABJ/375 & 376 & 377/2019, filed through his counsel, Adegboyega Awomolo, a Senior Advocate of Nigeria, asked the appellate court to quash his conviction primarily on grounds of want of jurisdiction, bias and absence of fair hearing.
Delivering the judgement, Justice Abba Bello Mohammed acquitted Onnoghen following a settlement agreement the federal government entered with him.
The court declared that the suspension of the former CJN was unlawful and ordered the Federal Government to unfreeze and make all his bank accounts available to him.
President Bola Tinubu had through the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, informed the court of a plan to settle the three separate appeals out of court.
In line with the terms of the settlement dated October 24, the appellate court ordered the Federal Government to, forthwith unfreeze Onnoghen’s account with Standard Chartered Bank Nigeria Limited.
The terms of the settlement read, “The Appellant herein was charged at the Code of Conduct Tribunal (CCT), on six counts dated January 11, 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 the 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 biased conduct he exhibited during the proceedings. The parties herein have expressed a collective desire to settle the appeals out of court.”
The statement continued, “Pursuant to the above, it is hereby agreed by the parties as follows: That the respondent concedes the appeals in the following terms:
“That the three appeals namely: (1) CA/A/375c/2019 (2) CA/A/376c/2019 and (3) CA/A/377c/2019 be consolidated for the purpose of hearing and settlement herein.
“That 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 the same was accepted unconditionally by the President of the Federal Republic of Nigeria,” among others.
The CCT had on April 18, 2019, convicted Onnoghen in all the 6-count charges of 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.
The Tribunal proceeded to ban Onnoghen from holding public office for the next 10 years and ordered forfeiture of the five accounts he is said not to have declared, between 2009 and 2015.
President Buhari had on January 25, 2019, suspended Onnoghen from office as the CJN, and swore in Justice Tanko Muhammad who was the next most senior jurist of the Supreme Court to take over from him.
Onnoghen was suspended 29 days before the 2019 presidential election and barely eight hours after he announced his decision to inaugurate judges that would preside over election petition tribunals.
