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OUT-OF-COURT SETTLEMENT: EX-CJN, ONNOGHEN, MAY REGAIN ACCESS TO FROZEN ACCOUNT
Former Chief Justice of Nigeria (CJN), Samuel Walter Onnoghen, may soon regain access to his frozen accounts and have the order barring him from holding public office for 10 years lifted.
This follows a decision by the Court of Appeal in Abuja on Thursday, where a three-member panel granted the Federal Government’s request to settle out of court with him after he approached the court to challenge his removal from office.
Onnoghen had filed an appeal challenging the 2019 judgment of the Code of Conduct Tribunal (CCT), which ordered his removal from office.
In his appeal, marked CA/ABJ/375, 376, and 377/2019, and filed through his counsel, Adegboyega Awomolo (SAN), Onnoghen sought to quash his conviction on the grounds of lack of jurisdiction, bias, and the absence of a fair hearing.
In April 2019, the CCT had convicted Onnoghen on all six counts of breaching the Code of Conduct for Public Officers, brought against him by the Federal Government during his tenure as head of the judiciary.
The tribunal not only ordered his removal but also banned him from holding public office for 10 years and directed the forfeiture of five bank accounts he allegedly failed to declare between 2009 and 2015.
The accounts in question, all held at Standard Chartered Bank (Nig.) Ltd., are as follows:
Domiciliary US Dollar account (No. 870001062650) – $56,878.
The move towards an out-of-court settlement may see former Chief Justice of Nigeria, Justice Walter COnnoghen regain access to the frozen accounts, while the 10-year ban could also be nullified.
Onnoghen’s removal from office was a controversial episode.
On January 25, 2019, just 29 days before the presidential election, former President Muhammadu Buhari suspended him and appointed Justice Tanko Muhammad, the next most senior jurist at the Supreme Court, as the acting CJN.
The suspension came less than eight hours after Onnoghen had announced his plan to inaugurate judges for the election petition tribunals, sparking accusations of political interference.
The Nigerian Bar Association (NBA) described the suspension as a coup against the judiciary.
Two years later, Onnoghen revealed the alleged real reason behind his removal. He claimed it was linked to a rumour that circulated in January 2019, suggesting he had met with the then-presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, in Dubai, the UAE.
Onnoghen had dismissed the rumours, stating he had never been to Dubai and had never met Atiku in person.
He expressed disappointment with the Federal Government for acting on unverified allegations and using an ex-parte order to suspend him from office, even though the matter was still pending before the tribunal.
“Prior to my suspension, I was confronted with no allegation.
“There were rumours that I met with Atiku in Dubai. But as I am talking here today, I have never met Atiku one on one in my life.
“As if that was not enough, I was also accused of setting free, some high-profile criminals, whereas I ceased to be a High Court Judge as far back as 1978.” he had said.
Onnoghen lamented that he was not given opportunity to defend himself and charged the judiciary to resist attempts to politicise the sector.
On Thursday, the Federal Government’s lawyer in the Onnoghen’s appeal, Tijani Gazali, confirmed that the call for out-of-court settlement was at the instance of the government.
“My Lords, I wish to humbly confirm the information. It is our position to settle the matter out of court,” said Gazali.
