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Just in: Appeal Court finally vindicates ex-CJN Onnoghen

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Finally, the Court of Appeal has declared the conviction and suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN) as unlawful.

The Appeal Court also ordered that the bank accounts of Justice Onnoghen sealed by the government should be unfrozen and released to him.

The court discharged and acquitted the former CJN of his conviction and ruled that that the Code of Conduct Tribunal lacks jurisdiction over the matter that led to his conviction.

The court also set aside the ruling by the Chairman of the Code of Conduct Tribunal, Danladi Umar.

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Recall former President Muhammadu Buhari had in 2019 removed Onnoghen as the Chief Justice of Nigeria during the pendency of a charge against him at the Code of Conduct Tribunal.

Onnoghen was prosecuted in 2019 by the federal government on false declaration of assets at the Code of Conduct Tribunal(CCT). He was pronounced guilty and removed from office. He was also made to forfeit the undeclared assets to the federal government.

Onnoghen not satisfied with the judgment of CCT appealed, praying the court to set aside the judgment that removed him from office and ordered the forfeiture of his five bank accounts.

In his appeal marked CA/ABJ/375 & 376 & 377/2019, Justice Onnoghen through his lead counsel, Adegboyega Awomolo, SAN asked the appellate court to quash his conviction primarily on ground of want of jurisdiction, bias and and absence of fair hearing.

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Among others, Onnoghen maintained that the Danladi Umar-led CCT panel erred in law and occasioned a miscarriage of justice against him, when it failed to decline jurisdiction to entertain the six-count against him.

He contended that the CCT Chairman ought to have recused himself from presiding over his trial.

In his seven-point reliefs, Onnoghen, applied for an order setting aside his conviction as well as quashing the order for forfeiture of his assets and to discharge and acquit him of all the charges levelled against him.

Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was s judicial officer at the time the charges were filed against him on Jan. 11, 2019 and as such cannot be subjected to the jurisdiction of the lower tribunal.

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“On the authority of Nganiiwa v. FRN (2018) 4 NWLR (Pt. 1609) 30: at 340. 341 only the National Judicial Council (NJC) has the power to discipline the Appellant for misconduct and not the lower tribunal.

“The lower tribunal had in the case of FRN V. Sylvester Nwali Nguta in charge No: CCT/ABJ/01/2017 delivered on 9th January, 2018, affirmed the position of the Court in FRN Nganjiwa v. FRN .

The court further dismissed the charges acquitted and discharged Justice Ngwuta being a Judicial Officer subject only to the discipline of the National Judicial C0uncil.

“The lower tribunal has no iurisdittion over servng judicial officers such as the appellant, save the National Judicial Council.

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“The Motion on Notice dated Jan. 14, 2019, challenging the jurisdiction ought to be granted in all material particular as it purports to save the lower tribunal of needless futile exercise.

“The lower tribunal erred In law when it dismissed the Appellant’s Application seeking the chairman to recuse himself from further proceedings on the ground of real likelihood of bias and thus occasioned a miscarriage of justice.

“The Appellant has alleged that the chairman of the lower tribunal is biased towards him as a result of open remarks in the tribunal as well as the manner in which the proceedings was being conducted.”

Contrary to the CCT finding, Onnoghen, said he did not admit the fact of non-declaration of Assets from 2005 as the Justice of the Supreme Court, adding that he only stated that he did not declare in 2009 as required because he forgot.

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Onnoghen challenged the order for the confiscation of his assets on the grounds that the assets were legitimately acquired, as against the provisions of paragraph three of the section 23 of the CCB Act which only permits the seizure of such assets “if they were acquired by fraud.”

He faulted the failure of the prosecution to present the petitioner, Denis Aghanya, before the tribunal whose petition led to the charges against him.

Onnoghen maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

The former CJN asked the Court of Appeal to issue some orders against the CCT judgment among which are that the tribunal lacks the jurisdiction to entertain the case and that its Chairman ought to have recused itself from the proceedings.

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Onnoghen therefore applied for an order setting aside his conviction and another one setting aside the order for forfeiture of his assets made by the Tribunal as well as to discharge and acquit him from the charges.

Onnoghen was in 2019 convicted by the Code of Conduct Tribunal in all the 6-count charges of breach of Code of Conduct for Public Officers brought against him by the federal government while in office as CJN .

In the lead judgment delivered by Chairman of the CCT, Danladi Umar, he had ordered the immediate removal of Onnoghen from office as the CJN.

The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and also the chairmanship of the Federal Judicial Service Commission.

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The tribunal also ordered the forfeiture of his five bank accounts and the money in the accounts which Onnoghen did not declare in his asset declaration form submitted to the Code of Conduct Bureau, CCB, an agency of the Federal Government.

Although Onnoghen had been on suspension since January 25, 2019 and had resigned on April 4, the tribunal nonetheless ordered his removal from office as the Chief Justice of Nigeria and also as the chairman of both the National Judicial Council and the Federal Judicial Service Commission.

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Oba of Benin to withdraw suit as Okpebholo restores rights

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The Oba of Benin, Oba Ewuare II, and the Benin Traditional Council may withdraw the suits they filed against the state government as Governor Monday Okpebholo, on Sunday, restored the full statutory rights of the Oba and reversed the policies of the previous administration that impacted the Benin Traditional Council.

A statement on Sunday by Okepebholo’s Chief Press Secretary, Fred Itua, said the governor abolished the new traditional councils in Edo South created by the immediate-past governor, Godwin Obaseki.

Okpebholo also backed the Federal Government’s recognition of the Oba’s palace as the custodian of repatriated Benin artefacts looted during the 1897 British colonial expedition.

Providing an insight into the governor’s gesture, the state Attorney General and Commissioner for Justice, Dr Samson Osagie, said it signaled the resolution of the crisis between the Oba of Benin and the Edo State government leading to lawsuits duringt the Obaseki’s administration.

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Osagies said, “The cases in court are cases which the Oba of Benin himself and the Benin Traditional Council instituted against the state government, and they are all civil matters. And you know that in civil suit or in any suit, parties are encouraged to settle amicably.

“So, if the parties are already settling and one side is already meeting the condition of settlement, the next step you are going to hear is that the party who went to court, which is the Oba of Benin, and the Benin Traditional Council, will instruct their counsel to withdraw the cases from court and that will be the end of the matter.

“The two parties are now settling for harmony and peace to reign, so the government is doing its own side of it.

“This statement is a prelude to discontinuing all legal proceedings with respect to the twin issues of the concession of the Oba Akenzua Cultural Centre by government to the Benin Traditional Council for 30 years and the creation of additional councils.”

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The statement by Okepebholo’s Chief Press Secretary outlined the administration’s commitment to restoring the dignity and authority of the Benin monarch.

“This administration also hereby abolishes the new traditional councils in Edo South, created by the last administration,” the statement noted.

Additionally, Governor Okpebhol revoked the decision of the Obaseki’s administration to convert the Oba Akenzua II Cultural Centre into a motor park.

The government announced plans to restore the cultural centre to its original purpose.

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“This administration is restoring the Oba Akenzua Centre to a suitable condition for its original purpose,” the statement added.

The governor also reinstated the financial entitlements of the Benin Traditional Council, ordering that the status quo before the creation of the abolished councils be maintained.

According to the statement, Okpebholo affirmed support for the Federal Government’s official gazette, which recognizes the Oba of Benin as the rightful owner and custodian of the repatriated Benin artefacts.

He also distanced his administration from the Museum of West Africa Art, instead backing the Benin Royal Museum project to house the artefacts.

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“The Federal Government has also issued a gazette for the recognition of ownership and custody of the repatriated Benin artefacts to the Oba of Benin, Oba Ewuare II,” the statement explained. “Governor Okpebholo respects the rights and privileges of the traditional ruler of Benin kingdom… and pledges the support of his administration to ensure the monarch plays his role as the custodian of the rich cultural heritage of the Benin people.”

Okpebholo reiterated his administration’s respect for traditional institutions and vowed to avoid interference in the internal affairs of the Benin Traditional Council. “The Oba of Benin, as the father of all Benin people, is the sole custodian of the customs and traditions of the Benin people, and my administration respects customs and traditions in the land,” he stated, emphasising the government’s efforts to uphold the cultural and historical integrity of the Benin Kingdom.

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Oyedepo’s jet can’t leave private airstrip without clearance – Keyamo

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The Minister of Aviation and Aerospace Development, Festus Keyamo, on Sunday said there was no way the private plane of privileged Nigerians, including the Founder and Presiding Bishop of Living Faith Bible Church Worldwide, Bishop David Oyedepo, can leave the country directly from their airstrips without first securing clearance from relevant authorities.

Keyamo made the clarification when he was featured as a guest on Channels Television’s Politics Today.

His statement comes barely two months after members of the House of Representatives called for a revocation of airstrip licences issued to certain individuals and private organisations, citing security reasons.

The House also called for an immediate halt to new airstrip licences for individuals and organisations.

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But Keyamo insisted that there was no way a plane or drone, even if it belongs to the military, can leave or come into the country without first getting a nod from the agency.

When asked if the airstrip of Oyedepo also passed through the same due process, Keyamo nodded.

He said, “Oh yes, absolutely. That’s no problem. They were only concerned about the fact that they thought that somebody can take off from a private airstrip and fly out of Nigeria or fly into Nigeria. It is not possible.

“You must land in an international airport first. Then the Customs, immigration and NDLEA will process you before you take off from there to your private airstrip. If you are also flying out, you must land at an international airport. You will go through Customs, immigration and all the normal process before flying out.

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“So nobody uses an airstrip for any such purpose without seeking clearance. At every point in time, the authorities must approve.”

When quizzed on how many airstrips the country is operating at the moment, Keyamo said they are in the range of 40.

“We have a number of them, more than 40. For the federal airport, we have 23. The state airport has about eight or nine now.

“And then the airstrips are about 40 or thereabouts. I have been there myself,” he stated.

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Abia bans unauthorised free medical outreaches

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The Abia State Ministry of Health has reacted to the hospitalisation of some persons who attended a free medical outreach in Abiriba, Ohafia LGA, on Saturday, saying that the distribution of drugs to the public by uncertified persons was without the authorisation of the state government.

The Commissioner for Health, Professor Enoch Ogbonnaya Uche, who said this in a press release on Sunday, said that the organisers of the medical outreach did not obtain approval from the state government before embarking on the exercise.

He therefore announced that any medical outreach without authorisation from the Ministry of Health is illegal and can put the health of Abia people in jeopardy, warning that those who do so would be made to face the full wrath of the law.

DAILY POST recalls that many people were rushed to the hospital on Saturday at Abiriba after developing some medical emergencies on return from the medical outreach organised by a group.

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According to Processor Uche, preliminary reports indicated that medications distributed during the outreach may have caused adverse drug reactions among unsuspecting recipients, even as he said that the identified victims of these untoward medical events are currently receiving medical attention at designated public health facilities within the state.

“Our dedicated healthcare personnel are working assiduously to stabilise and treat affected people. The Abia State Ministry of Health is deeply concerned by the dire consequences and high risk posed by unauthorised healthcare activities. We wish to hereby warn the public to be cautious of individuals and groups organising unapproved healthcare events,” said the health commissioner.

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