CCT: CJN Onnoghen files ‘no case’ submission

The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, on Friday began argument on his application of ‘no case’ submission on his trial over non-assets declaration operation of domiciliary account at the Code of Conduct Tribunal (CCT) sitting in Abuja.

The CCT commenced hearing an application of a no case submission, filed by Counsel to Justice Onnoghen at its resumed sitting on Friday.

At the last adjourned date, Counsel to the federal government, Aliyu Umar, announced that they have closed their case, of non-asset declaration and operation of foreign account against Justice Walter Onnoghen after calling three witnesses.

Counsel to Justice Onnoghen had informed the tribunal of the intention in filing a no case submission, but would need time to write an address.

At the resume proceedings, Counsel to Justice Onnoghen, informed the Court that he had just been served this morning with the prosecution written address.

He prayed the court to be allowed to reply orally on the points of law.

The prosecution counsel in his response did not object to defence response on point of law, but insisted that when non issues are raised, he will object to the fact.

The Defence counsel replying on points of law informed the tribunal, that the prosecution has not been able to establish a prima facie case to make the defendant enter his defence.

He adopted his written address and prayed the tribunal to uphold the no case submission and discharge and acquit the defendant.

The defence counsel remarked that the CCB is bound by the provisions of the 1999 constitution and the CCT Act 2014; argued that the CCB disregarded and corrupted the procedure by failing to comply with its standard operational procedures.

Awomolo SAN pointed out that no investigation; no finding into the petition was carried out, as well as no legal opinion as required by the standard operational procedures. “Where there is no investigation, they cannot be prosecution,” he argued.

The defence Counsel stated before the tribunal that Exhibit 1 is a petition written by a faceless and anonymous person, who was not brought before the tribunal, so the submission is that it is a documentary hearsay and is inadmissible.

“The petitioner could not come up and show himself, so the exhibit should be expunged,” Awomolo declared.

The defence Counsel, observed that exhibit 4 and 5 were products of a computer from the bank.

He contended that the documents were authenticated by two officers of the bank, who were not called as witnesses, noting that there is no affidavit evidence or oath that described the manner in which it was produced according to Section 34, of the evidence act, 2011.

He continued: “And the section demands that there shall be a certificate issued by the maker of the computer generated evidence, stating that Section 84(2) and (4) of Evidence Act are mandatory, and where there is non-compliance, the document cannot be admissible.”

The defence maintained that exhibit 4, was forwarded to the EFCC, it was not addressed to the chairman of the CCB, so it’s a stranger to the proceedings.

Awomolo, therefore, urged the court to accept his submissions and discharge and acquit the defendant and also tender and apology to the CJN for bringing shame to the Justice.

In response, Counsel to the federal government, citing Section 306 of the ACJA, remarked that the defendant is charged for non-asset declaration, which he has admitted to in writing that he forgot to do.

“What more evidence does the defence wants, the prosecution do not need to bring in all the staff of the CCB to prove his case,” he argued.

The Tribunal went for a break to resume at 1:30pm to deliver judgment. The proceedings are still going on at the time of this report.