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Just in: Appeal Court finally vindicates ex-CJN Onnoghen
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.
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.
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.
“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.
“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.
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.
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.
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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No going back on forex, subsidy reforms – Finance minister
The Minister of Finance and Coordinating Minister of the Economy, Wale Edun, says there is no going back on the current administration’s reforms in the forex and oil and gas sectors.
Edun made this known when he received the newly assigned Minister of State for Finance, Doris Uzoka Anitez at the Ministry’s headquarters, on Monday.
“Nigeria now have a foreign exchange rate that is market based and also a deregulated oil market pricing which are two reforms that are long overdue over many decades that President Tinubu is currently implementing.
“Therefore as co-ordinating minister of economy, we stand on a threshold of a new dawn to implement these reforms and increase productivity, create jobs and reducing poverty and we are glad to have a minister of state that will help in actualizing the President’s reforms,” he said.
According to him, consultation and collaboration is key to achieving these key reforms both from public and private sector, stressing that ongoing economic policies are showing sustainability and sign of success.
The Minister of State for Finance, in her response, restated her commitment to work with stakeholders in both private and public sectors to ensure economic growth is materialized.
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Rivers: Fubara fond of disobeying judgements, – Amaewhule-led Assembly
The Martins Amaewhule-led House of Assembly in Rivers State said Governor Siminialayi Fubara has a penchant to disobey courts’ judgements and constitutional provisions.
This is as the lawmakers also vowed to make Fubara’s appointees and permanent secretaries aiding him to circumvent the law have their date with the law.
They stated this during their 65th sitting on Monday in the legislative quarters.
In a statement by Martin’s Wachukwu, Special Assistant on Media to the Speaker, Martins Amaewhule, said the lawmakers reviewed the governor’s actions while deliberating on the recent judgement of the Federal High Court, Abuja Division.
The state legistators comnended the verdict of Justice J.O. Abdulmalik barring government from withdrawing from the Consolidated Revenue Fund of the State, until the 2024 Appropriation Bill is presented before a properly constituted Assembly describing it as a sound and well considered ruling.
The statement also pointed out that the Assembly on 15th July, 2024 deliberated and resolved on the continuous refusal of Fubara to present the 2024 Rivers State Appropriation Bill to the House.
The lawmakers then took the decision to write to the governor to shut down on expenditure pursuant to Section 122 of the 1999 Constitution.
Enabled by its resolution, the House and Amaewhule filed an action before the Federal High Court to determine whether Fubara could expend or continue to expend from the Consolidated Revenue Fund of the State without a valid 2024 Appropriation Law by the State House of Assembly.
The lawmakers prayed the court to invoke the consequences of such constitutional breach by ordering the Central Bank of Nigeria, the Accountant- General of the Federation, some Money Deposit Banks among other defendants to stop the release of moneys or permit the withdrawal of Rivers State funds until Fubara complied with the Constitution which he swore to uphold; and the court decided in favour of the House and the Speaker.
Commenting on the judgement, Amaewhule said, “Since 1st of July, 2024, Governor Fubara has been spending moneys of the State without approval hence the declaration of the shutdown of expenditure.
“Yet, the Governor in his characteristic manner of disobeying judgements of Courts, the Constitution of the Federal Republic of Nigeria and extant laws has continued to circumvent the Law with the aid of Permanent Secretaries, and some individuals who parade themselves as Commissioners. They will certainly have a date with the Law”.
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NAF Airstrikes neutralize ISWAP commander, dozens of others
The Nigerian Airforce says its airstrike has neutralized 50 terrorists, including a high-ranking ISWAP commander known as Bashir Dauda, during an operation in Marte Local Government
Air Commodore Olusola F Akinboyewa, Director, Public Relations and Information, Headquarters, Nigerian Air Force, in a statement on Monday night said the precision strikes focused on known ISWAP strongholds in the villages of Tumbun Daribiyar, Jubularam, Buluwa, and Tumbu Karfe, marking a major effort in the ongoing fight against terrorism in Nigeria’s Northeast.
It said an on-ground assessment confirmed that “approximately 50 terrorists, including a high-ranking ISWAP commander known as Bashir Dauda, were neutralized in the operation.”
” Additionally, an ISWAP supply depot in the Jubularam enclave, filled with a substantial cache of food and essential items like beans, millet, and rice, was destroyed, effectively severing a critical resource line for the terrorists.
“These successful air strikes, targeting personnel and logistics, underscore NAF’s ongoing commitment to supporting ground forces and enhancing joint efforts to decimate terrorist strongholds in the region,” he said.
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