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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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Lagos Youths Condemn Attacks on Seyi Tinubu By Faceless Groups

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By Gloria Ikibah
A group under the auspices of Coalition of Lagos Indigenous Youth (CLYI), has disassociated itself from recent media publications aimed at discrediting Mr. Seyi Tinubu, the son of President Bola Tinubu.
Coordinator of the group, Hon. Tunde Azeez in a strongly-worded statement issued on Tuesday, described the allegations as baseless and perpetrated by faceless individuals seeking to tarnish Mr. Tinubu’s reputation.
The coalition clarified that the controversial post circulating on social media, purportedly made by its members, is fraudulent.
“We wish to categorically state that the earlier post did not originate from the members or executives of the Coalition of Lagos Indigenous Youth,” Azeez asserted.
Describing Mr. Tinubu as a “proud and industrious son of Lagos,” the coalition pledged unwavering support for him, and noted his significant contributions to youth empowerment and development in Lagos.
The group further expressed its readiness to support Mr. Tinubu should he decide to declare interest in the governorship of Lagos State, although they clarified that he has not engaged in political discussions with any group or individual regarding such aspirations.
“Seyi Tinubu is one of us, Lagos is home and will remain home for him, not just as an indigene but also as a critical player dedicated to helping young people.” ,” the statement emphasized.
The group further directed a stern warning to the faceless individuals behind the defamatory campaign, particularly one Ibrahim Whyte, whom they accused of impersonating the coalition.
“We strongly caution Ibrahim Whyte and his cohorts to desist from blackmailing Mr. Seyi Tinubu while falsely impersonating our group,” it added.
The coalition vowed to explore legal options to protect its integrity and that of Mr. Tinubu, should the defamation persist.
CYLI, concluded by urging Lagosians to disregard the misleading narratives and focus on fostering unity and development in the state.
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House Approves President Tinubu’s N1.767trn Loan Request

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By Gloria Ikibah
The House of Representatives has granted approval for the implementation of the new external borrowing of N1,767, 610, 321, 779.00 (USD 2.209B).
The approval was sequel to the adoption of the recommendations of the House Committee on Aids, Loans and Debt Management Chaired by Rep. Abubakar Nalaraba, and presented at the Committee of the Whole on Thursday.
Presenting the report, the Committee Chairman, Rep. Nalaraba said the committee met and made the following recommendations, which he entreated the House to approve.
He said: “Approve the implementation of the New External Borrowing of one trillion, seven hundred and sixty seven billion, six hundred and ten million, three hundred twenty-one thousand, seven hundred and seventy-nine Naira (₦1,767, 610,321,779.00) (equivalent of USD2, 209, 512, 902. 22b) at the Budget
Exchange rate of USD1.00/800 in the 2024 Appropriation Act and that the amount should be raised from one or more sources. Namely; issuance of Eurobonds in the ICM, Issuance of debut sovereign Sukuk in the ICM, Bridge/syndicated loans, subject to market conditions;
“That based on availability and cost, to issue Eurobonds in the sum of USD1.70 billion or more, but not more than USD2,209,512,902,.22b, approved as New External Borrowing in the 2024 Act;
“Given the significant increase in the official exchange rate from USD1.00/₦800 to approximately ₦1,640, it is recommended that the exchange rate excess resulting from this adjustment be exclusively utilised for implementation of capital projects in 2024, to ensure that additional funds are
directed to impactful infrastructure & developmental projects that will contribute to the Nation’s long term growth and stability;
“Approve the Promissory Note Programme and Bond Issuance to settle outstanding claims and liabilities of the federal government. This approval prioritizes the issuance of Promissory Notes to address outstanding reimbursement debts owed to States, high-priority judgment debts, and other liabilities incurred by Federal Ministries, Departments, and Agencies. This measure is critical to preventing additional interest costs, mitigating further increases in the Federal Government’s debt profile, and reducing the debt-to-GDP ratio;
“That the Hon. Minister of Finance and Coordinating Minister of the Economy, working with the Debt Management Office are authorised to take all necessary actions required to give effect to this.”
The lawmakers unanimously adopted and passed the recommendations.
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Reps Direct IGP, DG DSS To Deploy Personnel To Etsako LGA Over Worsening Insecurity

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By Gloria Ikibah
The House of Representatives has directed the Inspector General of Police, Kayode Egbetokun, Chief of Defence Staff, General Christopher Musa and Director General, Department of State Services, Oluwatosin Ajayi to urgently deploy personnel to tackle the worsening insecurity in Itsukwi, Imiakebu, Imiegba and Okpekpe communities in Etsako East Local Government Area of Edo State.
The resolution was sequel to the adoption of a motion of urgent public importance on the “Urgent need to deploy security agents to Itsukwi, Imiegba, Okpekpe and Imiakebu communities to halt herdsmen’s onslaught against innocent citizens,” by Rep. Billy Osawaru, member representing Orhionmwon/Uhunmwode Federal Constituency, Edo State on Thursday at plenary.
Rep. Osawaru, drew the attention of the House to the provision of Section 14 (b) of the 1999 Constitution (As amended) on the need for government to provide security and welfare for the people.
He stated that Section 17 (b) of the Constitution provides that the sanctity of the human person shall be recognised and human dignity shall be maintained and enhanced; governmental actions shall be humane.
According to him,  Chapter 4 of the nation’s Constitution in Section 33 (1) provides that “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”
He said: “The House is aware that on Monday, October 28, 2024, herdsmen invaded Ugbereke, a popular farmland known for its fertility and destroyed completely the yam plantation of a youth leader in Itsukwi community (Ward 9, Etsako East Local Government Area, Edo State), Mr Samuel Igbeneghu.
“The House is also worried that on Tuesday, November 5, 2024, three farmers by the names Umuagene Obey, Emuesugheli Obi and Ogbitabu Imoudumhe (all from Okpekpe community in Ward 10, Etsako East Local Government Area of Edo State were ambushed on the way to their farms and brutally murdered by suspected herdsmen.
“Same day, the killers made their way to Ugbereke, and killed one Undyar Aondongu (male) while  five women were beaten and left to flee with various degrees of injuries.”
The lawmaker stated that as a result of these violent campaigns, farmers in these communities no longer visit their farms for fear of being attacked or killed.
He therefore warned that if the Federal Government fails to take urgent steps to address the crisis, acute hunger owing to food scarcity would be the natural consequence, not just for the people of the area but the entire Etsako East Local Government Area and by extension, Edo State as a whole.
Then the presided officer, Speaker Tajudeen Abbas put itcto a vote, the House unanimously adopted the motion, observed a minute silence in honour of the dead and directed the immediate deployment of security agents to the four communities.
The House also mandated the Inspector General of Police and other relevant security agencies to investigate this tragic incident and fish out the perpetrators for prosecution, while also tasking them to Immediately step up the security surveillance to contain the escalation of insecurity within Itsukwi, Imiakebu, Imiegba and Okpekpe communities and beyond.
The legislative body also urged the Inspector General of Police, Chief of Defence Staff, DG, DSS, General Officer Commanding 2 Division of the Nigerian Army and the Commander, 4th Mechanised Brigade in Edpo State to deploy their personnel to Itsukwi, Imiakebu, Imeigba and Okpekpe communities to safeguard the lives and properties of the people.
The motion was subsequently referred to the House Committee on Army, Police, National Intelligence and Legislative Compliance with a timeframe of four weeks to report back for further action.
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