In less than 48 hours after he was recommended for compulsory retirement by the National Judicial Council (NJC), suspended Chief Justice of the federation, Justice Walter Onnoghen finally tendered his resignation letter to the Presidency.
Onnoghen was suspended from office by President Muhammadu Buhari January 25 after being accused of misconduct over alleged false assets declaration.
Subsequently, the federal government, through the Code of Conduct Bureau (CCB), filed a six-count charge against him at the Code of Conduct Tribunal (CCT).
Meanwhile, the suspended CJN’s resignation came about the same time he queried the competence of two petitions the Economic and Financial Crimes Commission lodged against him, describing same as “malicious and speculative.”
The charge, bench warrant and trial
Onnoghen’s trials for false assets declaration started when a petition was filed by a civil rights group at the CCB, alleging he owned sundry accounts.
It alleged the accounts were primarily funded through cash deposits made by himself up to as recently as August 10, 2016, which appeared to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.
The trial began January 14 at the CCT during which Onnoghen was absent.
NJC
Also on Wednesday, the NJC abstained from considering allegations relating to the assets declaration that were levelled against Onnoghen.
On February 11, the council set up a preliminary complaints assessment committee to review the responses given to it by Onnoghen, and the acting CJN, Tanko Muhammad.
Onnoghen is accused of failing to fully declare his assets, while Muhammad is facing allegations of misconduct.
The NJC said it reconvened and resolved to constitute into the preliminary complaints assessment committee in accordance with regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017.
The no-case submission
The CCT sitting in Abuja, had penultimate week dismissed the no-case submission filed by the suspended CJN in the six-count charge preferred against him by the federal government.
Delivering ruling on the no-case submission, the chairman of the Tribunal, Danladi Umar held that the evidence adduced by the prosecution through its witness is weighty enough for the suspended CJN to open his defence if there is any.
The legal firework
Onnoghen had, through his team of lawyers, led by Chief Adegboyega Awomolo (SAN), argued in the no- case submission that the prosecution failed to establish a prima facie case to prove the allegations preferred against him.
But, the prosecution counsel, Aliyu Umar (SAN) insisted Onnoghen had a case to answer based on the testimonies of the three witnesses in the matter.
Onnoghen had asked the tribunal to dismiss and acquit him of the charges slammed against him by the federal government for lacking in merit.
The suspended CJN said the prosecution could not establish a case against him on the grounds that the CCB did not substantially comply with its law in filing the charges against him.
CCT’s arrest order on Onnoghen
Following the bench warrant that was issued against him, the suspended CJN later appeared before the CCT February to face charges entered against him.
Onnoghen who arrived the court around 9:30am, mounted the dock immediately his case was called up. The Umar-led panel had Wednesday ordered key security agencies in the country to arrest Onnoghen and produce him for trial if he failed to turn up.
The twist
And on same Wednesday, the NJC, in a unanimous decision agreed that Onnoghen had lost the moral authority to continue as CJN with the litany of allegations bordering on misconduct, and therefore recommended his compulsory retirement.
Consequently, the NJC forwarded the outcome of its investigation into corruption allegations to President Buhari for action.
The NJC, which handles disciplinary issues of judicial officers, equally asked President Buhari to give effect to the recommendation immediately.
The council, however, urged the president to allow Justice Onnoghen retain his seat as a former CJN in the council of state and should be retired with full benefits.
The man Onnoghen
Onnoghen was born December 22, 1950 at Okurike town, Biase local government area of Cross River state.
He began his primary school education at the Presbyterian Primary School, Okurike between 1959 and 1965.
Before his appointment as CJN, he worked with the Ministry of Justice, Ikeja, Lagos, Ogun, between 1978 and 1979, as a pupil state counsel.
Between 1989-1998, he was a High Court judge in the Cross River state judiciary.
During his time as a judge in the state, he was made the chairman of Cross River state armed robbery and fire arms tribunal and held the post for 3 years from 1990 – 1993.
And in 1996, he was appointed chairman, judicial enquiry into the crisis between students of the University of Calabar and Obufa Esuk Orok community, Calabar.
In 1998, he was the chairman, failed banks tribunal, Ibadan Zone, and was to later move to Court of Appeal in 1992 where he served up until 2004 before his elevation to the Supreme Court.
Justice Onnoghen played a huge role in 2007 election which saw the late Umaru Yar’adua emerging as president of Nigeria, as his dissenting judgment annulled the presidential election. Although his was a minority judgment, but he was later vindicated by the late president who acknowledged the election was indeed flawed.
After being nominated as the Chief Justice of the Supreme Court of Nigeria by the Acting President, Professor Yemi Osinbajo, he was confirmed by the Senate on March 1, 2017, and sworn in on March 7.
With his resignation, the nation awaits what course his trial will take. This certainly is a huge test for Buhari’s anti-corruption campaign? Will he go the way of NJC and allow Onnoghen soft landing or face trial as advocated by chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay?
