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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.
By Francesca Hangeior
The Attorney General of the Federation and Minister of Justice, AGF, Prince Lateef Fagbemi, SAN, has canvassed for greater efforts and commitments to the Federal Government’s aspirations to produce a workable legal framework for the country.
He charged the Committee put in place by the federal government to review, revise and consolidate the Laws of the Federation of Nigeria, LFN, to double the efforts and commitments to deliver on the mandate at the appointed time.
Fagbemi, a Senior Advocate of Nigeria, spoke on Monday in Abuja at the second retreat of the Committee put in place in October last year for the laws of the federation revision and reform.
The AGF while challenging the committee to be up and doing asked the members to remain united in purpose and steadfast in the resolve to produce a legal framework that is worthy of the nation’s aspirations.
He said the second retreat organized by the federal government was a strategic consolidation of the national law reform efforts and to provide an invaluable opportunity to come up with a better workable legal framework for the nation.
“Let me start by expressing gratitude to the Chairman, Co-Chairperson and members of the Committee for their selfless service and sacrifice, to ensure that this project is executed efficiently and effectively.
“The call to be part of this assignment is indeed a sacred that inevitably and positively affects the lives of individuals, government, businesses as well as citizens of this nation.
“The general purpose of law is to regulate human behavior by protecting lives and properties in society. The inauguration of the Committee on the 24th October, 2024 marked a historic milestone in our collective efforts to modernize, consolidate, and harmonize Nigeria’s body of federal statutes.
“The retreat successfully provides a clear framework for the structure and methodology of the revision exercise, oriented the 14 Working Groups tasked with reviewing specific legal subject areas, and fostered collaboration among key institutions and stakeholders on the project.
“Following the initial retreat, I wish to note that the Committee has recorded steady progress in its work.
“The Ministry has taken several measures to ensure that the assignment is delivered efficiently, including:training sessions for secretaries of the working groups to enhance documentation and coordination; technical meetings of the main committee and its various sub-committees; working sessions and deliberations among editors and reviewers; and ongoing technical collation of revised laws by the Secretariat.
“This second retreat is a strategic consolidation of our national law reform efforts and provides an invaluable opportunity to: review progress made since the first phase;
address any technical or structural challenges encountered during the collation process;
– Harmonize the output across working groups; and set the tone for the final stages of this important project.
“The next stage of the law review and consolidation process would include editing and proofreading the reviewed legislation, ahead of the final collation, production and printing of the laws of the federation.
“It is my conviction that these phases will be executed with even greater commitment by the Committee, with the support of stakeholders and development partners.
“I wish to commend the leadership of the LFN Committee, the Secretariat for its diligent coordination and day-to-day management as well as the Working Groups, Editors, and Reviewers, for their intellectual rigour and professionalism.
“Special gratitude to our development partners, particularly RoLAC, for standing firmly behind this national project.
“Let me urge all participants to use this retreat as a platform for robust engagement, peer learning, and practical collaboration.
“We must remain united in purpose and steadfast in our resolve to produce a legal framework that is worthy of our nation’s aspirations.
” I wish to express gratitude for your commitment to duty and I charge you to work in synergy and cooperation, in the overall interest of the nation”, the AGF said.
The Rivers State Sole Administrator, Vice Admiral Ibok-Ete Ibas (retd.), has replied to the Nigerian Bar Association regarding the reason for relocating its Annual General Conference from Port Harcourt to Enugu State.
Ibas faulted the reason cited by the NBA, describing it as misleading and uncharitable.
The Sole Administrator stated this in a statement issued in Port Harcourt on Monday by his media aide, Hector Igbikiowubo, and sent to newsmen.
He said while the NBA reserves the right to choose a venue for its conference, the association had yet to address the issue of the refund of the hosting rights paid by the state government for the conference.
The statement partly reads, “While we respect the NBA’s right to choose its conference venues, we find it curious that the association—despite its “principled position”— didn’t address the refund of the N300 million already paid by the Rivers State Government for the hosting rights of the 2025 conference.
“If the NBA truly stands on principle, it should demonstrate the same integrity by promptly returning these funds rather than benefiting from a state it now publicly discredits.”
It added, “The attention of the Rivers State Government has been drawn to the Nigeria Bar Association’s announcement dated 10th April 2025, relocating its 2025 Annual General Conference from Port Harcourt to Enugu.
The statement partly reads, “While we respect the NBA’s right to choose its conference venues, we find it curious that the association—despite its “principled position”— didn’t address the refund of the N300 million already paid by the Rivers State Government for the hosting rights of the 2025 conference.
“If the NBA truly stands on principle, it should demonstrate the same integrity by promptly returning these funds rather than benefiting from a state it now publicly discredits.”
It added, “The attention of the Rivers State Government has been drawn to the Nigeria Bar Association’s announcement dated 10th April 2025, relocating its 2025 Annual General Conference from Port Harcourt to Enugu.
By Francesca Hangeior
The Federal Government has unveiled the second phase of its contactless biometric passport application system across its four missions in United States, Mexico, Jamaica and Brazil.
The Nigeria Immigration Service NIS disclosed this in a tweet on its ‘X’ handle signed by Service Spokesman, ACI AS Akinlabi.
The statement reads; “ain continuation of the phased Roll-Out of the Contactless Biometric Passport Application System across Nigerian Missions abroad, the Nigeria Immigration Service under its
Comptroller General, Kemi Nanna Nandap wishes to inform the General public especially Nigerians in the Diaspora that it is implementing the next stage of the roll-out across the following countries.
“The Application System, which is currently available on Google Play Store (NIS Mobile), is designed to allow Nigerians to renew their passports without visiting any Passport Centre for Biometrics enrollment. The Apple Store version will be onboarded shortly and an enhanced version of the NIS Mobile App for both Android and iOS users will be deployed to further improve users’ experience and accessibility.
“With this roll-out, the Service further informs the General public that the Contactless Passport App is now available in Canada, the USA, Mexico, Jamaica, Brazil, Europe, and Asia. It is yet to be rolled out in Australia and Nigeria, a future date will be announced for both countries in due course.
“The Service remains committed to innovative and efficient Service Delivery to Nigerians anywhere in the world”.
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