Court Overturns 2019 Non-Asset Declaration Conviction of Ex-CJN Following Settlement with FG

The Court of Appeal in Abuja has overturned the 2019 conviction of former Chief Justice of Nigeria, CJN, Justice Samuel Nkanu Walter Onnoghen, for alleged non-declaration of assets by the Code of Conduct Tribunal (CCT).

The Appellate Court’s ruling on Monday, led by Justice Abba Bello Mohammed of a three-member panel, acquitted Onnoghen and ordered that all his frozen bank accounts, including Standard Chartered Bank Limited, be unfrozen immediately.

Contextually, Onnoghen’s assets were seized, and then-President Muhammadu Buhari suspended him on the tribunal’s recommendation on January 25, 2019, in replacement for Justice Tanko Muhammad, the next most senior jurist at the Supreme Court, as the acting CJN.

Justice Mohammed’s ruling on Monday was pronounced following the terms of an undisclosed settlement reached by the three-member panel and the office of the Attorney General of the Federation, AGF, Lateef Fagbemi SAN.

Before the ruling, Adegboyega Awomolo SAN, Onneghen’s lead counsel, informed the court that following its previous directive, the parties had agreed on settlement terms, the terms to which A Gazali SAN, counsel for the AGF, agreed.

With that, the Court held that the Code of Conduct Tribunal lacked jurisdiction to try and convict Onnoghen on April 19 2019 (a judicial officer) without first resorting to the National Judicial Council (NJC), the apex judicial body.

More so, the court held that the CCT lacked jurisdiction to have tried and convict Onnoghen even after he had tendered his voluntary retirement letter, which the Federal Republic of Nigeria accepted.

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 court ruled, adding ‘Parties shall take all steps necessary to give positive effect to these terms of the settlement.’

Meanwhile, part of the settlement reached, as reportedly facilitated by President Bola Tinubu through the AGF on October 24, 2024, urged the appeal court to halt further hearings on three pending appeals related to Onnoghen’s removal from office, his conviction, and asset seizure.

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Mayowa Durosinmi

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M. Durosinmi is a West Africa Weekly investigative reporter covering Politics, Human Rights, Health, and Security in West Africa and the Sahel Region

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