The Federal Government, yesterday, closed its case against the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, after it produced only three witnesses that testified before the Code of Conduct Tribunal (CCT).
Though the Federal Government initially expressed its intention to produce a total of six witnesses to substantiate all the allegations it levelled against the embattled CJN, however, shortly after the third witness was discharged, the prosecution counsel told the tribunal that it would be unnecessary to call further witnesses.
The prosecution counsel, Mr. Aliyu Umar, SAN, told the tribunal that the defendant was at liberty to summon any of the listed but uncalled witnesses to testify on his behalf if he so wished.
He was immediately overruled by the CCT Chairman, Mr. Danladi Umar, even as Onnoghen’s lawyer, Chief Adegboyega Awomolo, SAN, rejected the offer.
“This is the case of the prosecution. If it feels that it is satisfied with evidence of the three witnesses, then so be it”, the CCT chairman held.
Thereafter, Awomolo told the tribunal that the CJN would in line with section 303 of the Administration of Criminal Justice Act (ACJA) 2015, enter a no case submission with respect to all the allegations Federal Government levelled against him.
Awomolo, therefore, applied for record of proceedings of the tribunal to enable his client to file the necessary processes.
The case was subsequently adjourned till next week Friday for hearing of the no-case application by the embattled CJN, as well as for adoption of the final written addresses.
Earlier in the proceeding, the third prosecution witness, PW-3, Mr. Ifeoma Okagbue, a staff of Standard Chartered Bank in Abuja, told the tribunal that it was not true that the defendant possessed either $1million or £1million in any of the five bank accounts that necessitated the charge.
Okeagbue, who is Onnoghen’s Relationship Manager at the branch of the bank in Wuse II, Abuja, said all the bank accounts were still active, and gave details of the balances on the five different accounts to the CCB.
In her testimony at the CCT trial, she disclosed that the accounts were opened separately between 2009 and 2010, and that they were in Euro, Pound, Dollar and Naira denominations.
She said the Euro and the Pounds accounts were savings, the Dollar account was current, while the two other accounts were in Naira denominations, with one being savings account and the other current.
According to her, “On the account 5001062686, the opening balance in January, 2018, was €30,178.58. As at December, 2018, the balance was €10,187.18. On account 5001062693, at January, 2018, it was with opening balance of N6,411,312.77. At December, 2018, the balance was N12,852,580.52.
“On account 5001062679, the opening balance as at January, 2018 was £39,456.08 and by December, 2018 the balance was £13,730.70. On account 0001062667, the opening balance as at January, 2018 was N24,280,904 and as at December, 2018, the balance was N2,656,019.21. On account 0001062650, as of January, 2018, the opening balance was $80,824.25, and by January, 2019, the balance was $56,878.”
Okagbue, who told the tribunal that she started managing Onnoghen’s bank accounts since 2015, gave a load down of both the opening and closing balance of all the accounts from January, 2018, to January, 2019.
She said the accounts were all linked to one Bank Verification Code (BVN), adding that the bank had upon securing an approval from the defendant, diverted funds from the accounts into various profit yielding ventures.
The PW-3 told the tribunal that profits that accrued from the investments were credited back into the accounts.
While two of the accounts are in Naira, the three others were Pounds Sterling, Euro and Dollar accounts.
The witness told the tribunal that all the accounts were domiciliary, and were opened and managed at the branch of the bank in Wuse 2, Abuja.
Before Okagbue mounted the witness box, the PW-2, who is a retired director at the Code of Conduct Bureau (CCB), Mr. Awal Yakassai, told the Umar-led three-man panel that contrary to what was alleged in the media, he said the suspended CJN owned only five houses.
He said it was not true that CCB investigators linked the ownership of 55 houses to the defendant.
The witness made the disclosure after he was shown copies of Onnoghen’s asset declaration forms, which the Federal Government tendered in evidence before the CCT.
The embattled CJN was said to have submitted the forms marked as Exhibit 2 and 3, to the CCB in 2014 and 2016.
Answering questions under cross-examination, the PW-2, told the tribunal that he served at the CCB for 29 years before he retired in April, 2018.
He admitted that the CCB was yet to verify Onnoghen’s assets with a view to finding out if he made false declarations.
Aside allegation that he failed to declare his assets as prescribed by the law, Federal Government had in the charge marked CCT/ABJ/01/19, Federal Government, alleged that Onnoghen operated five foreign bank accounts, contrary to section 15(2) of Code of Conduct Bureau and Tribunal Act.
The Federal Government had insisted that it was the CCB that okayed Onnoghen’s trial based on certain infractions that were discovered in his asset declaration forms.
Meanwhile, a retired Director at the Code of Conduct Bureau (CCB), Mr Awal Yakassai, yesterday, testified as for the second prosecution witness, PW-2, in the ongoing trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who is facing trial over his alleged failure to declare his assets.
Yakassai told the Mr Danladi Umar-led a three-man panel of the Code of Conduct Tribunal (CCT), that contrary to what was alleged in the media, he said the suspended CJN owned only five houses.
He said it was not true that CCB investigators linked the ownership of 55 houses to the defendant.
The witness made the disclosure after he was shown copies of Justice Onnoghen’s asset declaration forms, which the Federal Government tendered in evidence before the CCT.
The embattled CJN was said to have submitted the forms marked as Exhibit 2 and 3, to the CCB in 2014 and 2015.
Answering questions under cross-examination, the PW-2, told the tribunal that he served at the CCB for 29 years before he retired in April, 2018.
He said the CCB was yet to verify Onnoghen’s assets with a view to finding out if he made false declarations.
Holding the two documents in his hand while responding to a question from Onnoghen’s lawyer, Chief Adegboyega Awomolo, SAN, the witness said: “My Lord, according to exhibit 2 and 3, the defendant has only five buildings and not 55”.
Meanwhile, Chairman of the CCB, Danladi Umar, had earlier threatened to give 28 years’ jail term to journalists that misrepresent proceedings on the CJN’s trial, Umar, who said he was displeased about “the distortion and misrepresentation” of what transpired at the tribunal last Monday by a section of the media, warned that he would henceforth wield his powers against journalists.
“Henceforth, any journalist carrying concocted or discredited statement which is not adduced before this tribunal, I will not hesitate to bring the full weight of the law heavily on the person.
“The journalist will languish there and may remain there (in prison) until I retire about 28 years from now.
“The person will be summarily sent to prison because that is contempt.
“It does not matter whether the contempt is committed in facie curiae (before the court) or ex-facie curiae (outside the court)”, he fumed.
The CCT boss has given Federal Government’s lawyer, Mr Aliyu Umar, the nod to call a second witness to give evidence against the suspended CJN who is answering to a six-count charge.
Aside allegation that he failed to declare his assets as prescribed by the law, Federal Government had in the charge marked CCT/ABJ/01/19, the Federal Government, alleged that Onnoghen operated five foreign bank accounts, contrary to section 15(2) of Code of Conduct Bureau and Tribunal Act.