The Court of Appeal in Abuja has overturned the conviction of former Chief Justice of Nigeria, Justice Walter Onnoghen, for false asset declaration.
The appellate court discharged and acquitted Onnoghen from the conviction delivered by the Code of Conduct Tribunal on April 18, 2019.
The conviction was dismissed following the resolution of the issues that led to his trial and conviction.
Justice Abba Mohammed, who predicated the judgment on the terms of settlement by the Federal Government and Onnoghen, ordered that the four bank accounts previously ordered to be forfeited be returned to him. The Court of Appeal’s decision comes after the FG and Onnoghen requested to settle the matter out of court.
The case against Onnoghen began in 2019 when he was removed as CJN by former President Muhammadu Buhari following charges of false asset declaration.
Onnoghen had argued that the tribunal chairman was biased and denied him fair hearing. He also argued that he was a judicial officer at the time the charge was filed against him on January 11, 2019, and should not have been subjected to the jurisdiction of the lower tribunal.
Only the NJC had the power to discipline him for misconduct and not the lower tribunal.
The former CJN also challenged the ruling on the confiscation of his assets. He said the order violated provisions of paragraph three of section 23 of the CCB Act, which only permits the seizure of such properties “if they were acquired by fraud”.
He faulted the failure of the prosecution to present Denis Aghanya, whose petition led to the charges against him.
The Court of Appeal also held that the Code of Conduct Tribunal (CCT) lacks jurisdiction to entertain the matter without resorting 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, shall be unfrozen forthwith.
Parties shall take all steps necessary to give positive effect to these terms of settlement. In consequence, the appellant herein is hereby discharged and acquitted
