The Court of Appeal in Abuja has discharged and acquitted former Chief Justice of Nigeria (CJN), Justice Samuel Nkanu Walter Onnoghen, overturning his 2019 conviction by the Code of Conduct Tribunal (CCT) for alleged non-declaration of assets.
On Monday, a three-member panel led by Justice Abba Bello Mohammed ruled in favor of the ex-CJN, ordering the immediate unfreezing of all his bank accounts. Justice Mohammed’s decision was based on a settlement reached between Onnoghen’s legal team and the office of the Attorney General of the Federation, represented by Senior Advocate of Nigeria (SAN) Lateef Fagbemi.
Court Proceedings
The case has been a matter of public interest since January 2019, when former President Muhammadu Buhari suspended Justice Onnoghen following a recommendation from the CCT. This decision led to Onnoghen’s eventual conviction on April 19, 2019. Justice Ibrahim Tanko Mohammed was subsequently appointed as Acting CJN.
During the recent court session, Onnoghen’s lead counsel, Adegboyega Awomolo SAN, informed the panel that both parties had agreed to a settlement in line with the court’s guidance. A. Gazali SAN, representing the Attorney General of the Federation, confirmed the adoption of these settlement terms.
The Appeal Court panel held that the CCT lacked jurisdiction to prosecute and convict a judicial officer, such as Justice Onnoghen, without first consulting the National Judicial Council (NJC), which serves as the highest authority on judicial matters. Furthermore, the court asserted that Onnoghen should not have been tried by the tribunal after submitting his voluntary retirement letter, which had been accepted by the Federal Government.
“The Code of Conduct Tribunal also lacks jurisdiction to entertain the matter without resorting to the National Judicial Council,” the court stated.
In addition, the court ruled that all bank accounts held by Justice Onnoghen at Standard Chartered Bank in Abuja, which had been frozen since the CCT’s initial ruling, should be unfrozen immediately. The court directed all parties to take necessary actions to uphold the settlement terms.
Following the verdict, Awomolo requested further consequential orders from the court.
“In consequence, the appellant herein is hereby discharged and acquitted,” declared Justice Mohammed.
Reactions to the Ruling
Awomolo hailed the decision as a shift in judicial policy, remarking that the previous executive administration had overstepped its authority by suspending Justice Onnoghen without consulting the NJC. He expressed gratitude to the current Attorney General and President Bola Tinubu for facilitating the settlement process.
**Background Information**
Justice Onnoghen’s initial conviction in 2019 included a ten-year ban from holding public office. However, the Appeal Court’s recent ruling, supported by the federal government, has now cleared him of all charges, restoring his status as a judicial officer without any record of illegality.
