The Court of Appeal in Abuja acquits former Chief Justice of Nigeria, Justice Samuel Nkanu Walter Onnoghen, of a 2019 conviction for non-declaration of assets. A three-member panel, led by Justice Abba Bello Mohammed, issues the ruling and orders the immediate unfreezing of Onnoghen’s bank accounts.
The decision follows a settlement agreement reached between Onnoghen’s legal team and the office of the Attorney General of the Federation, Lateef Fagbemi, SAN.
In January 2019, former President Muhammadu Buhari suspends Onnoghen based on a recommendation from the Code of Conduct Tribunal (CCT), which later convicts him on April 19, 2019. Justice Ibrahim Tanko Mohammed subsequently assumes the role of Acting CJN.
During the court session on Monday, Onnoghen’s lead counsel, Adegboyega Awomolo, SAN, informs the court that both parties agree to the settlement terms as directed previously. A. Gazali, SAN, representing the Attorney General, supports Awomolo’s statements and the proposed settlement.
The appeal court determines that the CCT lacks jurisdiction to try and convict Onnoghen, especially as a judicial officer, without consulting the National Judicial Council (NJC). The court also states that the tribunal’s actions are invalid, particularly since Onnoghen submits a voluntary retirement letter, which the Federal Government accepts.
The court concludes, “The bank accounts held by the appellant with Standard Chartered Bank (Nig) Limited in Abuja that are frozen by the judgment shall be unfrozen immediately.” Additionally, the court emphasizes that both parties must take necessary steps to ensure the settlement terms are honored.
After the ruling, Awomolo requests further consequential orders, and the court formally discharges and acquits Onnoghen. He views the ruling as a significant shift in judicial policy, asserting that the previous executive action oversteps legal boundaries by removing the ex-CJN without consulting the NJC. He expresses gratitude to the Attorney General and President Bola Tinubu for expediting the settlement process.
Upon his 2019 conviction, Onnoghen faces a prohibition from holding public office for a decade, among other penalties. However, today’s ruling, supported by the federal government, clears Onnoghen of any wrongdoing as a judicial officer, allowing him to regain his rights and financial status.
