Appeal Court Overturns Ex-CJN Onnoghen’s Conviction, Unfreezes Accounts
By Vivian Michael Abuja
The Court of Appeal, Abuja, Monday, overturned the conviction of former Chief Justice of Nigeria (CJN) Samuel Walter Onnoghen, for alleged non-declaration of his assets.
Therefore, the court ordered the Standard Chartered Bank (Nig.) Ltd., to unfreeze his accounts frozen in 2019.
The former CJN, was before the appallate court challenging his removal from office by the Code of Conduct Tribunal (CCT) and frozen of his account afterwards.
The three-member Panel of the appellate court in its judgement discharged and acquitted the former CJN of his conviction, setting aside the ruling of the CCT, led by Danladi Umar.
The appellate court further held that the CCT lacked jurisdiction to hear the matter.
Appeal court held that the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”
In his argument, the former CJN faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.
Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.
In a brief remark, Onnoghen’s lawyers Adegboyega Awomolo and Ogwu James Onoja bot SAN 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 3% 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 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 ef 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”, they said.
