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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.
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RSG Floats MNET Culture Content Promo
The Rivers State Ministry of Culture and Tourism has floated a culture content platform in collaboration with digital television group, Multichoice.
Permanent Secretary, Ministry of Culture and Tourism, Mr. Freddy Ndigbara, disclosed this after a meeting with MultiChoice Head of Content Acquisition, Don Dotun Ojon, in Port Harcourt.
He assured that content entrepreneurs and film makers would enjoy the platform by promoting culture and other contents to sell the states tourism potentials.
He said MultiChoice M-net was now open to increase its patronage for content shots on locations in Rivers State, describing the State as one that has numerous potentials for film tourism.
“We were privileged to have Don Ojon with us at the Rivers International Film Festival (RIFF) at the weekend in Bonny and he saw, first hand, the numerous sites and opportunities that are open to creatives in the State. After that, we felt it was important to deepen the conversation and he obliged. This is a cheering news for the sector in the State,” he said.
Ndigbara stated that “Rivers State has many more untold stories to tell, many more contents to reel out and the assurances from the M-net Acquisition Manager is an indication that the industry in the state will soon enjoy a new lease of life”.
The Permanent Secretary thanked Ojon for the visit and assured that creatives in the State would grap this opportunity and show the world that Rivers State is a major hub for film tourism in Nigeria.
On his part, Ojon said the visit was to discuss on ways of promoting tourism in the State using creatives and film.
Ojon said although the company has recently been acquired by canal+ France and is undergoing restructuring, he would promote the chances of Rivers State to host the MultiChoice talent factory in the State.
With Asaba, capital of Delta State, being saturated, Ojon said the next port is Rivers State, which he said is capable of building fresh crop of creatives, new locations, new story lines and concepts.
He, therefore, called for collaboration from stakeholders in the State.
Kevin Nengia
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APC Presidential Campaign Storms PH, ‘Morrow
Barring last minute changes, the presidential campaign train of the All Progressives Congress (APC) will storm Port Harcourt, Rivers State capital, tomorrow.
This is according to a campaign timetable released by the APC Campaign Council last month.
The Tide reports that the APC presidential campaign kicked off in Kaduna on October 24 with President Bola Tinubu in attendance.
The campaign train later moved to Cross River, Gombe, Nasarawa, and Ekiti on November 2, 3, 4 and 5 respectively with the Vice President, Kashim Shettima representing the President at the rallies.
President Tinubu is personally scheduled to attend 12 states including Rivers, Kaduna, Plateau, Oyo, Borno, Enugu, Bauchi, Sokoto, Delta, Kano, Adamawa and Lagos.
The Rivers State rally, scheduled to hold at the Adokiye Amiesimaka Stadium, Port Harcourt, is expected to witness a large crowd of party supporters drawn from a coalition of political parties in the State.
The party is expected to round off its presidential campaign in Lagos State on January 9, 2027.
The Tide reports that Tinubu has not visited Rivers State as President since he assumed office in May 2023. His last physical visit to the State was before his inauguration on Wednesday, May 3 – Thursday, May 4, 2023, when he was hosted by then Governor Nyesom Wike in Port Harcourt to commission the Rumuola/Rumuokwuta Flyover and the Magistrates’ Court Complex.
Tomorrow’s visit will be his first to the State since assuming office.
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2027: Be Politically Neutral, Fubara Tasks Traditional Rulers
Rivers State Governor, Sir Siminalayi Fubara, has charged traditional rulers in the State to maintain neutrality, ensure fairness and uphold peace in their domains as the country prepares for the 2027 general elections.
Fubara gave the charge on Wednesday while declaring open the 126th, 127th and 128th Combined Quarterly Meeting of the Rivers State Traditional Rulers Council, in Port Harcourt.
The governor said the primary function of traditional rulers is to administer justice and ensure fairness, saying their conduct must not lead to division and unmanageable crises.
“Let me therefore, request, if that is the right word to use, that please, as we are entering into this political season actively, everyone should ensure that your conduct promoted peace in your place. Your actions should not be what would lead to the division and multiple crisis that we cannot manage as a government.
“I think with that, we can all live as one and we can also continue to make this progress that we are trying with all our mind, our body and our soul, to ensure that we deliver to our dear State,” he said.
Fubara urged the royal fathers to abide by the oath and constitution they swore to before ascending their respective stools, in the interest of stability and progress of the State.
He also enjoined them to set aside individual sentiments and place the interest of Rivers State above personal considerations, noting that this principle has guided his own day-to-day governance of the State.
“I want to enjoin everyone to keep aside issues of individual sentiments and ensure that the interest of our state supersedes whatever thing that we have in our mind. This is not just what I’m saying here, it is what I’ve also practiced and displayed in my day-to-day life in the governance of our dear State,” he said.
On the appeal for improved welfare for traditional rulers, the governor clarified that the delay in actualising some of the requests they made in the past was not from the government but from the inability of the Council to put its house in order.
Fubara explained that the issue of stipends paid to the traditional rulers by the local government councils, was a statutory benefit provided for in the constitution and not what a state governor can change by mere verbal pronouncements.
He assured that he remains a man of his word and will fulfill his promises to the traditional rulers before leaving office, next year.
He reaffirmed his respect for the traditional institution as custodians of culture and the closest link to the people, thanking them for their prayers and support.
The governor urged the royal fathers to ensure that the combined quarterly meeting featured fruitful deliberations that will strengthen peace and development in the State.
Earlier, the Chairman of the Rivers State Council of Traditional Rulers and Paramount Ruler of Apara Kingdom, His Royal Majesty, Eze Chike Amadi Worlu Wodo, expressed profound gratitude to the State Government for its efforts in maintaining a cordial relationship with the traditional institution.
Wodo highlighted the importance of traditional rulers in conflict resolution, noting that their closeness to the people places them in a strategic position to mediate in disputes involving chieftaincy matters, family disputes and land ownership in their respective communities.
The royal father drew the attention of the State Government to some challenges affecting the performance of the traditional institution, particularly the lack of official utility vehicles and logistical support needed to discharge its responsibilities effectively.
He also appealed for improved monthly stipends and better welfare provisions to reflect prevailing economic realities.
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