Ex-CJN Onnoghen acquitted by Court of Appeal, asset conviction overturned

In a significant legal development, the Court of Appeal in Abuja has discharged and acquitted former Chief Justice of Nigeria (CJN), Justice Samuel Nkanu Walter Onnoghen, from his 2019 conviction by the Code of Conduct Tribunal (CCT) for alleged non-declaration of assets.

The three-member panel, led by Justice Abba Bello Mohammed, delivered the ruling on Monday, stating that all of Onnoghen’s frozen bank accounts must be unfrozen immediately.

The verdict follows a settlement agreement reached between Onnoghen’s legal team and the Office of the Attorney General of the Federation, represented by Lateef Fagbemi, SAN.

This settlement was formally presented during the court’s session, where Onnoghen’s lead counsel, Adegboyega Awomolo, SAN, emphasized the mutual agreement between both parties.

The backdrop of the case dates back to January 2019, when former President Muhammadu Buhari suspended Onnoghen based on recommendations from the CCT, which subsequently led to his conviction on April 19, 2019.

Following Onnoghen’s suspension, Justice Ibrahim Tanko Mohammed was appointed as the Acting CJN.

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During the appeal, the court found that the CCT lacked jurisdiction to try a judicial officer without first engaging the National Judicial Council (NJC), the body responsible for judicial oversight.

The panel also noted that the tribunal was in error for convicting Onnoghen after he had submitted a voluntary retirement letter that was accepted by the Federal Government.

In its ruling, the appeal court stated, “The Code of Conduct Tribunal also lacks jurisdiction to entertain the matter without resorting to the National Judicial Council.”

Furthermore, the court ordered the immediate unfreezing of Onnoghen’s bank accounts maintained with Standard Chartered Bank (Nig) Limited, Wuse 2, Abuja.

Following the judgment, Awomolo called for additional consequential orders from the court, which were also granted, reinforcing the decision that Onnoghen is now discharged and acquitted of all charges.

He characterized the ruling as a pivotal shift in judicial policy, asserting that the previous executive actions had overstepped legal boundaries by dismissing Onnoghen without the NJC’s consultation.

Awomolo expressed gratitude to the Attorney General and President Bola Tinubu for facilitating the swift resolution of the case.

This landmark ruling not only clears Onnoghen of legal wrongdoing but also restores his standing as a judicial officer, lifting the previous ten-year ban on holding public office imposed by the 2019 conviction.