Appeal Court Acquits Ex-CJN Onnoghen, Declares CCT Lacked Jurisdiction

The Abuja Division of the Court of Appeal, in a landmark ruling on Monday, acquitted former Chief Justice of Nigeria (CJN), Walter Onnoghen, who faced allegations of false asset declaration. The court ruled that the Code of Conduct Tribunal (CCT) lacked the necessary jurisdiction to preside over the case, effectively nullifying Onnoghen’s previous conviction and restoring his rights.

Delivering the judgment, Justice Abba Mohammed stated that the appeal was resolved through terms of settlement between the federal government and Onnoghen. The judgment ordered the release of four bank accounts previously seized by the tribunal, restoring them to Onnoghen’s possession. The court also highlighted procedural missteps, stressing that the CCT had overstepped its authority in handling the matter.

The settlement terms, read aloud in court, provided a detailed account of the procedural missteps in the handling of Onnoghen’s case. According to the terms, “The Appellant herein was charged at the Code of Conduct Tribunal (CCT) on six counts, dated January 11, 2019, to which he pleaded not guilty.” The charges, originally filed without prior consultation with the National Judicial Council (NJC), did not follow due process for cases involving judicial officers, the court asserted.

The tribunal initially granted an ex-parte application which demanded Onnoghen step down as Chief Justice of Nigeria and chairman of the National Judicial Council. The application further sought the appointment of the next most senior Justice of the Supreme Court as acting CJN, a decision that effectively removed Onnoghen from office.

Throughout the trial, Onnoghen’s legal team repeatedly challenged the CCT’s jurisdiction. They argued that, as a judicial officer, Onnoghen should have been subjected to an NJC review before any charges could be filed against him. His team asserted that only after the NJC’s findings and recommendations should any further legal action proceed. They also called for the CCT chairman to recuse himself, citing perceived bias in his conduct during the proceedings.

The settlement document continued, stating that both parties had reached an agreement to settle the appeals out of court. “Pursuant to the above, it is hereby agreed by the parties as follows: That the respondent concedes the appeals in the following terms,” the settlement read.

The court’s decision consolidated three related appeals: CA/A/375c/2019, CA/A/376c/2019, and CA/A/377c/2019, all of which were considered under the settlement terms. Specifically, for appeals CA/A/375c/2019 and CA/A/376c/2019, the court affirmed that the CCT lacked the jurisdiction to try and convict Onnoghen without first referring the matter to the NJC.

Citing previous judicial precedents, such as FRN vs NGANJIWA (2022), NGANJIWA vs FRN (2018), and OPENE vs NJC (2011), the court underscored that the CCT must first defer cases involving judicial officers to the NJC for initial assessment. The court also noted that the tribunal had no authority to proceed with the trial after Onnoghen had voluntarily tendered his retirement, which was subsequently accepted by the President of Nigeria.

In addition to the jurisdictional issues, the appeal court’s ruling raises questions about the procedures and oversight within the judiciary, particularly in handling cases involving high-ranking judicial officers. This case has underscored the necessity of following due process, reinforcing the role of the NJC as the first point of assessment for any accusations against members of the judiciary.

The court’s decision is seen as a significant victory for Onnoghen, affirming his argument that the CCT overstepped its boundaries. It also serves as a reminder of the importance of jurisdictional limits and procedural integrity within Nigeria’s legal system. The acquittal marks a critical point in Nigerian judicial history, potentially setting a precedent for future cases involving allegations against top judicial officers.