Unlawful dismissal: Appeal Court acquits ex-CJN Onnoghen

Six years after he was convicted by the Code of Conduct Tribunal, (CCT), for making false declaration, a three-man panel of the Court of Appeal, led by Justice Mohammed Bello, Monday, acquitted and discharged the embattled former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

The latest development followed a settlement agreement the federal government entered with him.

The former CJN, it would be recalled, was first suspended by the former President Muhammadu Buhari’s administration and was eventually relieved of his post in an unceremoniously manner.

He was alleged to have made a false declaration to the Code of Conduct Bureau.

Onnoghen, in his defence, maintained that all the allegations brought against him “constitute no offence and should therefore not have formed the basis for his conviction”.

However, he was later convicted by the CCT, on a six-count corruption charge preferred against him by the federal government.

Earlier, President Bola Tinubu had, through the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, persuaded the appellate court to halt further hearing of three separate appeals the former CJN filed to challenge his removal, conviction, and seizure of his assets.

In line with the terms of the settlement dated October 24, the appellate court at the Monday sitting ordered FG to, forthwith, unfreeze Onnoghen’s account with Standard Chartered Bank Nigeria Limited.

But making a remark after the court victory, Onnoghen’s lawyers – Adegboyega Awomolo and Ogwu James Onoja SAN thanked President Tinubu and the Attorney General of the Federation AGF for ensuring the resolutions of the issue.

“The decision of the Court of Appeal delivered this morning is historical and very significant. It is significant in that, it’s restored the dignity, honour and integrity of Honourable Justice Walter Samuel Nkanu Onnoghen, past Chief Justice of Nigeria. 

“More than these personal gains to His Lordship, is the fact that, the damage done to the honour, integrity, dignity and Independence of judiciary, the 3% arm of government under the Constitution of the Federal Republic of Nigeria 1999, as amended, has been rebuilt and restores. 

“Two decisions and actions of the Executive Arm of Government between 2016 and 2019 did grave damaged to the public perception, integrity and independence of the judiciary. 

“The first was the invasion of the homes of judicial officers of the realm, including justice of the Supreme Court in early hours of the night, like a common criminal and bandits. 

“It was claimed that there were allegations of corruption against the judicial officers. In the end, none of the judges, publicly humiliated, was found guilty of any corruption charges. 

“The second was the unconstitutional removal of the Hon Chief Justice of Nigeria, the Head of the Judiciary, an arm of government, in breach of clear provision of the Constitution. The impurity of the Executive has no precedent and justification. 

“These two events have resulted in the poor public perception of judiciary and low confidence in the integrity and independence of the Judiciary. 

“We Thank the Honourable Attorney General of the Federation and the Minster of Justice, Prince Lateef Olasunkanmi Fagbemi, SAN for his candor and forthrightness as demonstrated in this appeal. 

“Through the Honourable Attorney General, we send our appreciation to His Excellency, President Bola Ahmed Tinubu, for upholding the spirit and letter of the Constitution of the Federal Republic of Nigeria by affirming ef the Independence of the Judiciary and respect for the Rule of Law 

“The Judiciary remains the foundational structure, the bulwark upon which Nigeria Constitutional democracy rest. 

“Nigerians must be encouraged to have confidence and trust in the independence, impartiality, and integrity of the judiciary, in just resolution of disputes brought to the Courts. 

“Justice is rooted in confidence, and that confidence must not be dislodged by executive interference with the independence and integrity of the judiciary. 

“It is hoped that never in this Country will the independence, integrity, honour and dignity of the Judiciary be trampled upon as was done before,” they said.