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CCT Trial: Onnoghen Kicks Over Conviction …Heads To Court Of Appeal …We ‘ll React Formally -PDP
The Code of Conduct Tribunal (CCT), sitting in Abuja, yesterday, convicted the former Chief Justice of Nigeria, Justice Walter Onnoghen, on all the six-count charge the Federal Government preferred against him.
The Danladi Umar-led three-man panel tribunal said it was satisfied that the Federal Government successfully proved its allegation that Onnoghen, who had voluntarily resigned his position as CJN on April 4, acted in breach of the code of conduct for public officers in the country.
But Onnoghen, through his lawyer, Mr. Okon Efut, SAN, gave a hint that he would appeal against his conviction by the CCT.
Though the former CJN declined to speak to journalists, his lawyer, in his reaction, insisted that the judgement was in breach of the fundamental principles of natural justice, equity and good conscience.
He alleged that the verdict was premeditated, adding that the CCT had on January 23 when it granted the ex-parte order President Muhammadu Buhari relied upon on January 25, to remove Justice Onnoghen from office as the CJN, revealed its position on the matter.
Umar had held that evidence of three witnesses that testified in the course of the trial, were not discredited by the defendant who was accused of failing to properly declare his assets, as well as operating five domiciliary foreign bank accounts.
The CCT chairman, who read the judgement, maintained that admission by the embattled former CJN that he forgot to declare the five accounts he operated since 2009, was “weighty enough” to guarantee his conviction.
He held that the defendant was unable to disprove “hard facts” that were brought against him by the prosecution.
“The prosecution has discharged the onus placed on it beyond every iota of doubt. It is clear that the defendant was in clear breach of the code of conduct for public officers. The prosecution successfully established its case, and the defendant is accordingly convicted”, the CCT chairman added.
Consequently, handing its sentence after it declared the defendant guilty, the tribunal, ordered that he is “hereby removed from office as the Chief Justice of the Nigeria, chairman of the National Judicial Council and the Federal Judicial Service Commission.
“Secondly, the defendant is hereby banned from holding any public office for 10 years”.
More so, the tribunal held that Onnoghen’s failure to explain how he amassed “huge amounts of money in his accounts”, was an indication that the funds were acquired illegally.
It, therefore, ordered that the funds should be “confiscated, seized and forfeited to the Federal Government”.
Meanwhile, Onnoghen, who appeared unruffled in the dock while the judgement was delivered, declined offer by the CCT chairman to plead for clemency.
Umar had before he commenced the sentencing, asked the defendant if he would like to make a plea of allocutus (for mercy), but Onnoghen simply bowed his head and told him, “no comment”.
Earlier before the judgment was delivered, the CCT boss, dismissed two preliminary objections the former CJN lodged to challenge the legal propriety of his trial.
Umar held that the CCT had the requisite jurisdiction to try the ex-CJN on the allegation that he falsely declared his assets.
He maintained that FG did not violate any portion of the law by bye-passing the National Judicial Council (NJC) to file the charge.
Umar said the tribunal was minded to overrule itself by departing from the position it took in a similar case the government instituted against Justice Sylvester Ngwuta of the Supreme Court.
The CCT held that sections 158(1) and Paragraph 21(6) of the Third Schedule to the1999 Constitution, as amended, was not applicable in the case since FG did not charge the former CJN as a serving judicial officer, but as an ordinary public officer that acted in breach of the code of conduct for public officers.
“We resolve this issue against the defendant. The tribunal hereby affirm its jurisdiction to entertain the charge against the defendant which is competent.
“Though the tribunal is not unmindful of its previous decision in the case of Ngwuta, the tribunal will not hesitate to overrule itself in any previous decision which it is satisfied was reached on wrong reasons.
“I agree that we should do so in this case. In other words, the tribunal hereby reverses itself as regards the case against Ngwuta.
“The tribunal hereby overrules itself in the case of Ngwuta. The preliminary objection lacks merit and is hereby refused”, Umar held.
In a second ruling, the CCT chairman, said there was no merit in the former CJN’s application that he should recuse himself from the matter considering that he equally has a criminal allegation hanging on his neck.
Umar admitted that though it was a bribery allegation that was levelled against him, he said the Economic and Financial Crimes Commission (EFCC), had in two separate letters dated March 5, 2015, and April 20, 2016, cleared him of any wrongdoing.
He said an initial charge that was entered against him was subsequently withdrawn by the EFCC on November 8, 2018.
“The issue regarding bribery allegation against the chairman has been resolved by the EFCC. All the issues raised by the Applicant have been dealt with without any ambiguity.
“The chairman is competent to proceed with the case”.
Besides, the CCT boss dismissed as unfounded, Onnoghen’s contention that he would not be granted fair hearing since the panel is answerable to the Presidency which was behind his travails.
Umar insisted that though the CCT is not directly under the NJC or the Federal Judicial Service Commission, he said the Presidency does not have any control over its decisions.
“Notwithstanding that the CCT is under the Presidency, that does not mean that it will bow under the whims and caprices of the Presidency or fail to decide cases brought before it dispassionately.
“All judges of courts of superior records are appointed by the President, including Chairman and members of the CCT. That does not reduce them to agents or appendages of the President”, he held.
Meantime, Justice Onnoghen, through his lawyer, Mr. Okon Efut, SAN, gave a hint that he would appeal against his conviction by the CCT.
Efuk said: “The journey has ended today because everything that has a beginning must have an end. So, this day, we have heard that the Chief Justice of Nigeria has been convicted and sentenced. The conviction is out of order, it is unconstitutional. It is a breach of fair hearing because before this day, on the January 23, the same judgement had been passed before now, removing the CJN without a fair hearing.
“So, it was a fair accompli, it was premeditated gas judgment had been passed before today. So, today’s judgement is just a formality and we hold the view that the tribunal has not only breached the constitution of Nigeria, it has breached the fundamental principles of natural justice, equity and good conscience.
“It has not only been able to pass judgement, it has convicted for an offence that was never charged and this is an erosion of the fundamental principles of our constitution. Until some questions are answered, for instance, why is it that the due course of justice was not allowed to flow? Why was judgement passed on January 23 before today, removing the CJN?
“Why is it that today, even after the CJN had tendered his notice of voluntary retirement and the NJC has taken a position, why is it that the tribunal has gone ahead to pass a judgement in total disregard of the independence of the NJC, in total disregard of the powers of the Senate in this matter? We hold a view that the tribunal in reversing itself in the case of Ngwuta, has breached the principle that hold us together.
“This is a sad day in our nation’s democracy and we know that all is not over with this matter. The wheel of justice grinds slowly but surely. This is not a matter that will end here. We shall avail ourselves of all the processes, the hierarchy of the judiciary and we know that the judiciary will redeem itself even though seriously battered and bruised. The judiciary will do justice. Justice has not been done today, but it will surely be done tomorrow. If not by the tribunal, but by our God. Justice will be done by our God”, he added.
It will be recalled that the tribunal had last Monday, reserved judgment on the matter after FG and Onnoghen adopted their final written arguments on Monday. Whereas Onnoghen urged the tribunal to discharge and acquit him, insisting that the FG failed to prove that he committed any offence that is known to the law.
On the other hand, Federal Government, asked the CCT to convict and impose maximum punishment on the former CJN, contending that it successfully established that he acted in breach of the code of conduct for public officers in the country.
The Federal Governemnt had in the charge marked CCT/ABJ/01/19, alleged that Onnoghen’s failure to properly declare his assets, was in violation of section 15(2) of Code of Conduct Bureau and Tribunal Act.
It further alleged that the ex-CJN, who was suspended from office by President Muhammadu Buhari on January 25, operated five foreign bank accounts, contrary to the code of conduct for public officers.
However, in opposition to his trial, Justice Onnoghen, queried the validity of the charge against him, stressing that FG violated established judicial precedents by not allowing the National Judicial Council, NJC, to firstly investigate the allegation against him, before it rushed the matter to the CCT.
He argued that failure to channel the petition against him, as well as the outcome of the investigation that was purportedly conducted on assets declaration forms he submitted to the Code of Conduct Bureau (CCB) to the NJC, rendered the charge invalid.
More so, the defendant urged the CCT to abide by a subsisting Court of Appeal decision in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391, to the effect that any misconduct attached to the office and functions of a judicial officer, must first be reported to and handled by the NJC, pursuant to the provisions of the laws.
He maintained that only after the NJC had pronounced against such judicial officer could prosecuting agencies of the Federal Government proceed to initiate a criminal proceeding.
Justice Onnoghen drew attention of the tribunal to its judgment that quashed a similar charge against another Justice of the Supreme Court, Sylvester Ngwuta, on the ground that the NJC ought to have been allowed to look into the matter before the case was filed. He stressed that the two judgments were yet to be set aside by the Supreme Court.
Aside challenging powers of the tribunal to try him, Onnoghen, said he was afraid that he would not be accorded fair hearing by the tribunal which he described as an appendage of the Presidency.
He insisted that he was entitled to fair hearing by an independent and impartial tribunal, under section 36(1) of the 1999 Constitution, as amended.
The defendant argued that the CCB which recommended his trial, the Attorney General of the Federation who is prosecuting him, and the tribunal itself, are all answerable to the Executive Arm of the government.
He equally asked the CCT chairman to disqualify himself from the matter considering that he equally has a criminal allegation pending against him.
Nevertheless, the tribunal, in a ruling on March 11, relied on section 396(2) of the Administration of Criminal Justice Act, ACJA, 2015, and Paragraph 5(5) of its Practice Direction, and held that it would not consider the merit of Onnoghen’s objection to the charge, till conclusion of the trial.
While Federal Government closed its case against the ex-CJN after it produced three witnesses to testify before the tribunal, the embattled former CJN who initially proposed to also call three witnesses to defend the charge, announced his decision to close his defence after his driver testified to the fact that he was present when the defendant submitted his assets declaration forms at CCB’s head office in Abuja.
Onnoghen had on April 4, resigned his position as CJN, shortly after the NJC, sent report of if its investigation into the allegation against him, to President Buhari.
Similarly, the Peoples Democratic Party (PDP) has said that it will react formally to, yesterday’s sacking of the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, National Publicity Secretary of the party, Kola Ologbondiyan, has said.
Onnoghen was dismissed by Code of Conduct Tribunal, yesterday, in a judgment by its Chairman, Danladi Umar, who also barred him from holding any public office for a period of ten years in addition to forfeiture of cash in five accounts he failed to declare at the Code of Conduct Bureau.
“We will react formally, that’s for sure,” the publicity scribe said, even as he reiterated the support of the party in the fight against corruption.
Also, the Socio-Economic Rights and Accountability Project (SERAP) has sent a Freedom of Information request to Chairman, Code of Conduct Bureau (CCB), Dr. Muhammed Isah, urging him to use his “good offices and leadership position to urgently provide information on specific details of asset declarations submitted to the CCB by successive presidents and state governors since the return of democracy in 1999.”
SERAP is seeking information on: “details of asset declarations by successive presidents and state governors between 1999 and 2019, including details of declarations made immediately after taking offices and thereafter, and for those who have left public offices, at the end of their term of office. Information is also sought on the number of asset declarations so far verified by the CCB and the number of those declarations found to be false and deemed to be in breach of the Code of Conduct for Public Officers, by the Bureau.”
In the FOI request dated 18 April, 2019, and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said: “While we welcome the judgment by the Code of Conduct Tribunal on Justice Walter Onnoghen, we now urge the CCB to extent its mandates to enforce constitutional provisions on asset declarations by public officers to cover elected officers and to vigorously pursue the prosecution of any such officers who use their powers either as presidents or state governors over public funds to enrich themselves.”
According to the organization, “While judicial corruption is bad, the level of corruption involving many politicians since 1999 and the entrenched culture of impunity of perpetrators is equally appalling. Publishing the asset declarations of elected public officers since the return of democracy in 1999 to date would improve public trust in the ability of the Bureau to effectively discharge its mandates. This would in turn put pressure on public officers like presidents and state governors to make voluntary public declaration of their assets.”
The FOI request read in part: “SERAP is concerned that many politicians hide behind the fact that members of the public do not have access to their asset declarations to make false declarations, and to cover up assets illegally acquired in corruption or abuse of office.
Letters
Obi Should Do More, Discordant Tunes On Minimum Wage, Akpabio’s Unguarded Comment
Obi Should Do More
The Presidential Candidate of the Labour Party (LP) in the 2023 election, Mr Peter Obi, has continued to voice out his opinion on the happenings in the country. On the budget padding scandal currently rocking the upper chamber of the National Assembly, he has told the Senate to provide Nigerians with some explanations on the matter.
He said the claims and counter-claims over the alleged N3 Trillion which was alleged by Senator Abdul Ningi to have been padded into the 2024 budget, requires proper explanation as to what Nigerians must need to know regarding management of the nation’s, insisting that the suspension of Senator Ningi for three months does not address the issue.
The Labour party chieftain had also expressed his concern over the hunger in the country a few days ago. He raised the alarm that Nigerians were spending all their money on food.
It is commendable of Obi to have stood with the masses at this critical time in the nation’s history and be critical of negative happenings in the country and bad government policies. However, Obi should do more than just criticising. It is said that “a tree cannot make a forest”. Therefore, Obi should galvanise all the law makers both on the national and state levels to tow the same line with him, which should be seen as the position of the Labour Party.
In 2023, there was a revolution in the country. People of all walks of life, of various religions and tribes trouped out in support of the labour party because they believed in Mr Peter Obi. People saw the Labour Party as a needed alternative to the two most populous political parties, PDP and APC. Based on Obi’s personality and popularity, some people who ordinarily would not have won councillorship positions in their communities were elected into state and national assemblies. Many of them won the elections for free, spending no shi shi.
Painfully, after assuming the exalted positions, many of them, especially those in the national assembly seem to have forgotten the masses. It is now business as usual. Among the seven senators and 36 House of Representative members of the Labour Party in the National Assembly, which one of them has moved a strong motion about the hardship currently being faced by the masses and how to address it? How many of them stood by Senator Ningi on the budget padding revelation? What out the exotic cars distributed to them, how many of them advised that they should go for less expensive cars and the excess money channelled into developmental projects? It has become a case of one not talking while on the dining table, right?
Obi should be able to organise his party to form a formidable opposition and a party that does things differently, a party that stands with the people. If the labour party elected political office holders carry on the way they have done since they came into office, they will keep de-marketing their party, forgetting that 2027 is just around the corner.
Ngozi Omeje,
Umuahia, Abia State.
Discordant Tunes On Minimum Wage
I have followed the discussion on the proposed new minimum wage with keen interest and I just hope the leadership of the organised labour will be firm enough to represent the workers and refuse to fall prey to the ploy to disunite them.
It is disheartening seeing workers come up with different amounts as the proposed minimum wage. While the Nigeria Labour Congress, NLC, demanded that South-West states should pay N794,000 the Trade Union Congress, TUC, asked for N447,000. Similarly, workers in the Federal Capital Territory demanded N709,000, while their counterparts in the North-West clamoured for N485,000.
This idea of singing in discordant tunes is not good for strong unionism. I recall my days as a civil servant in Ibadan, Oyo state. That was during the time of Adams Oshiomhole as the National President of the NLC. The labour union was a force to be reckoned with and whenever the workers barked, the government caught cold. The increase in workers’ wages was fought for as body. There was nothing like federal workers going to the left and the state workers going to the right. Of course then, in 2000, the TUC did not exist as a separate body. The entire workers spoke in unison.
Yes, the states did reserve the right to say whether they can pay the national minimum wage or not but the national body of the NLC was carried along in the negotiation. Please, the NLC and TUC should come together and present a common front in the new minimum wage quest and ensure that workers in the states also get a fair deal. If not, some of the greedy governors will continue to subject the workers to hardship.
Pa Micheal Adeniran,
Rumuogba Housing Estate, Port Harcourt.
Akpabio’s Unguarded Comment
“Today, he’s responding to a remark by the Governor that has nothing to do with him. The opposition is urging the Senate president to be mindful of his utterances. How can he turn the burial of late Access Bank CEO, Herbert Wigwe, wife and first son, such a sad moment, to a political attack?. It’s disappointing. That’s political recklessness taken too far. We, the opposition parties, won’t tolerate such utterances anymore if it continues.”
Above was the response of a member of the House of Representatives and Chairman, House Committee on Petroleum (Downstream), Hon. Ikenga Ugochinyere, to the Senate President, Senator Godswill Akpabio, unguarded remark on Gov. Siminalayi Fubara’s comment during the burial of the late Access Holdings Plc GCEO, Herbert Wigwe, wife and first son last weekend.
It is hoped that Akpabio will heed to the advice and learn how to talk in public. Tracing his character as a public servant and political office holder in various capacities over the years, one would notice that the senate president lacks the act of public speaking and carriage.
Was it not recently that he announced that the clerk of the house had sent money to each of the senators’ personal account for their holiday enjoyment only to be called to other and he changed it to ”In order to allow you to enjoy your holiday, the senate president has sent prayers to your mailboxes to assist you to go on a safe journey and return.” What about the “honourable minister off your mic” shameful display.
Whoever wants to die seeking public/political office should go ahead but leave our dear governor alone.
Loveth Opusunju
Minima, Opobo, Rivers State.
Featured
Fubara Promises Rivers Support For Wigwe Varsity …Cautions Political Class On Power Tussle
Rivers State Governor, Siminalayi Fubara, has promised the state government’s commitment to supporting Wigwe University.
Fubara disclosed this on Saturday after the funeral service of the late Chief Executive Officer of Access Holdings Plc, Herbert Wigwe, in Isiokpo, Ikwerre Local Government Area of Rivers State.
Wigwe, alongside his wife, Doreen, and son, Chizzy, died in a helicopter crash in California near the Nevada border, United States of America.
Also involved in the crash was the Chairman of Nigerian Exchange Group Plc, Abimbola Ogunbanjo.
The governor said, “I want to say our brother has finished his work, though short. We, as a government, will do everything with the Wigwe Foundation to immortalise one thing.
“It is not the bank, the bank might have a new identity, a new boss to run it, other ventures will also have their names; but one thing that has his name is Wigwe University.
“We will do everything within our power to make sure the dream will continue to live just as he has planned it.”
Fubara questioned the mourners as to why they kept chasing worldly desires, stressing the significance of impacting lives rather than struggling for power.
“This one has to do with the political class, what is all these struggle all about? You want to kill, you want to bury, what is it all about?
“This is a man who was not a politician, he made his money through our investments, he had the world in his palm financially, he controlled even the political classes; but today, with all the power financially couldn’t control life. Is it not enough to ask ourselves why are we struggling? Why are we not making an impact on the lives of our people?” he queried.
Dignitaries present at the funeral service include the Senate President, Godswill Akpabio; Chairman, Dangote Group, Alhaji Aliko Dangote; former governor of the Central Bank of Nigeria , Sanusi Lamido; Governors Alex Otti (Abia) Dapo Abiodun (Ogun), and Babajide Sawwo-Olu (Lagos).
Other dignitaries are former governors Kayode Fayemi (Ekiti), Peter Obi (Anambra), Rotimi Amaechi (Rivers), Bukola Saraki (Kwarra), and James Ibori (Delta), among others.
Featured
Muslims Begin Ramadan Fasting, Today
Muslims all over the world will begin the 30-day Ramadan fasting, today.
This followed the announcement of the sighting of the lunar moon of Ramadan by the Kingdom of Saudi Arabia, yesterday.
The sighting of the moon paves the way for the beginning of the Islamic 30-day fasting.
The Kingdom announced on its Twitter platform, @Haramaininfo, yesterday, that the Crescent of Ramadan 1445/2024 has been sighted in Saudi Arabia.
The tweets partly read, “Crescent of Ramadan 1445/2024 has been sighted in Saudi Arabia!
“Subsequently, Ramadan 1445/2024 begins tomorrow, 11 March 2024.
“Taraweeh Prayers will begin in the Two Holy Mosques after Isha Prayers.”
The Nigerian Supreme Council for Islamic Affairs had earlier announced the tentative dates of March 11 and March 12, 2024, as the commencement dates for the annual Ramadan fast, pending the sighting of the moon after sunset on Sunday, March 10.
In a statement by the Deputy Secretary General of the NSCIA, Prof Salisu Shehu, the Council urged Muslim Ummah to search for the crescent of Ramadan 1445 on the given date, equivalent to 29th Sha’aban 1445 AH.
The NSCIA also urged Muslim faithful who had credible sightings of the crescent to inform members of the National Moon Sighting Committee.
However, as of the time of filing this report, the Sultan is yet to make an official announcement about the commencement of the fasting in Nigeria despite the announcement from Saudi Arabia.
Meanwhile, the United Arab Emirates (UAE) and Qatar have also declared today as the first day of Ramadan, according to Emirati state news agency, WAM.
The starting date of the dawn-dusk fasting month is determined by both lunar calculations and physical sightings of a new moon.
Ramadan is observed by more than 1.8 billion Muslims worldwide and is considered a month of fasting and spirituality.
Fasting during Ramadan is one of the five pillars of Islam and is mandatory for all healthy Muslims. However, young children, sick individuals, travelers, and women who are pregnant, nursing or menstruating are exempt.
Muslims have followed the tradition of looking for the crescent moon for thousands of years to determine the start of Ramadan as well as the two major holidays in Islam, Eid al-Fitr and Eid al-Adha.
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