The Court of Appeal in Abuja has discharged and acquitted former Chief Justice of Nigeria (CJN), Walter Onnoghen, of charges related to false asset declaration, reversing a 2019 judgment that led to his suspension and conviction.
The appeal court reached its decision after adopting a terms of settlement agreement between the federal government and Onnoghen.
Presiding Judge Abba Mohammed ordered the immediate return of Onnoghen’s four bank accounts, which had been frozen under the previous ruling.
In his judgment, Justice Mohammed held that the Code of Conduct Tribunal (CCT) lacked the jurisdiction to preside over the case without consulting the National Judicial Council (NJC).
“The bank accounts maintained by the appellant with Standard Chartered Bank (Nig) Limited, Wuse 2, Abuja, that were frozen by the judgment, shall be unfrozen forthwith,” the appellate court ruled.
“Parties shall take all steps necessary to give positive effect to these terms of settlement. In consequence, the appellant herein is hereby discharged and acquitted.”
Onnoghen’s legal troubles began in April 2019, when a three-member panel of the CCT, led by then-chairman Danladi Umar, convicted him on six counts of false asset declaration.
The tribunal ordered his removal from office, citing discrepancies in his asset declarations.
In his appeal, referenced as CA/ABJ/375 & 376 & 377/2019, Onnoghen challenged the CCT’s judgment on several grounds, asserting that he was denied a fair hearing.
He argued that as a judicial officer, the CCT lacked authority over him at the time the charges were filed on January 11, 2019, and that only the NJC held the power to discipline him.
Onnoghen also contested the confiscation of his assets, arguing that the CCT’s order violated the Code of Conduct Bureau (CCB) Act, specifically paragraph three of section 23, which permits the seizure of assets only if acquired through fraud.
He further criticized the prosecution’s failure to call Denis Aghanya, whose petition prompted the charges, as a witness.
