…Orders FG to unfreeze his account
The Court of Appeal sitting in Abuja, on Monday, discharged and acquitted a former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, of the charge that led to his removal from office in 2019.
Recall that former President Muhammadu Buhari had on January 25, 2019, about 29 days before the presidential election, suspended Onnoghen from office as the CJN and swore in the next most senior jurist of the Supreme Court, Justice Tanko Muhammad, to take over the leadership of the judiciary.
Onnoghen’s suspension came barely eight hours after he announced his decision to inaugurate judges who would preside over election petition tribunals.
Ex-President Buhari’s action elicited varied reactions from both within and outside the judicial circles, with the Nigerian Bar Association, NBA, describing it as a coup against the judiciary.
Onnoghen was later convicted by the Code of Conduct Tribunal, CCT, on a six-count corruption charge that was preferred against him by the Federal Government.
It was alleged that he made a false declaration to the Code of Conduct Bureau.
About six years after he was convicted, a three-man panel of the Court of Appeal, led by Justice Mohammed Bello, on Monday acquitted the ex-CJN following a settlement agreement the federal government entered with him.
President Bola Tinubu had, through the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, persuaded the appellate court to halt further hearing of three separate appeals the former CJN filed to challenge his removal, conviction, and seizure of his assets.
In line with the terms of the settlement dated October 24, the appellate court ordered FG to, forthwith, unfreeze Onnoghen’s account with Standard Chartered Bank Nigeria Limited.
Court of Appeal made consequential order discharging and acquitting the former Chief Justice of Nigeria Onnoghen of the alleged criminal offences.
In his remarks before the panel after the judgement was entered Chief Adegboyega Awomolo SAN, said 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 GCON, 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 3rd arm of government under the Constitution of the Federal Republic of Nigeria 1999, as amended, has been rebuilt and restores.
He observed that the 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, ” he said.
“We Thanks the Honorable Attorney General of the Federation and the Minster of Justice, Prince Lateef Olasunkanmi 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, GCFR, for upholding the spirit and letter of the Constitution of the Federal Republic of Nigeria by affirming of 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 rooted in confidence and that confidence must not be dislodged 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 Judiciary be trampled upon as was done before., he said.