[By Abigail Philip David]
The Abuja Division of the Court of Appeal on Monday overturned the 2019 conviction of former Chief Justice of Nigeria, Justice Walter Onnoghen, who had been found guilty of false asset declaration by the Code of Conduct Tribunal (CCT).
In its judgment, the appellate court discharged and acquitted Onnoghen, citing a settlement agreement reached between him and the Federal Government. The court also ordered the return of his four bank accounts, which had previously been seized.
Justice Abba Mohammed, delivering the judgment, noted that Onnoghen had initially been charged on six counts at the CCT on January 11, 2019, to which he pleaded not guilty. However, prior to trial, the CCT ordered him to step aside as Chief Justice and allowed the President to appoint an acting Chief Justice. Throughout the trial, Onnoghen raised objections challenging the CCT’s jurisdiction, arguing that, as a judicial officer, his case should have first been referred to the National Judicial Council (NJC) for review.
The settlement between the parties acknowledged the CCT’s lack of jurisdiction in prosecuting Onnoghen without the NJC’s involvement. Citing several precedents, including *FRN vs. Nganjiwa (2022)* and *Nganjiwa vs. FRN (2018)*, the agreement highlighted that a judicial officer should first be referred to the NJC before any tribunal trial.
Additionally, the court stated that the tribunal should not have continued the trial after Onnoghen voluntarily submitted his retirement letter, which was unconditionally accepted by the President.
The terms of the settlement were confirmed as mutually agreed upon, leading to the appeal court’s final discharge and acquittal of Justice Onnoghen.
