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 for non-declaration of assets by the Code of Conduct Tribunal (CCT).
The three-member panel, led by Justice Abba Bello Mohammed, delivered the ruling on Monday, stating that the ex-CJN’s frozen bank accounts should be unfrozen immediately.
The acquittal followed a settlement agreement between Onnoghen’s legal team and the Attorney General of the Federation (AGF), Lateef Fagbemi SAN. This settlement formed the basis of Justice Mohammed’s verdict.
Onnoghen’s suspension by then-President Muhammadu Buhari in January 2019, which followed a recommendation by the CCT, led to his eventual conviction on April 19, 2019. Following this, Justice Ibrahim Tanko Mohammed was appointed as the Acting CJN.
During Monday’s proceedings, Onnoghen’s lead counsel, Adegboyega Awomolo SAN, informed the court that both parties had reached a settlement, which was presented for adoption. A. Gazali SAN, representing the AGF, confirmed the agreement.
In its ruling, the appeal court determined that the CCT did not have the jurisdiction to try and convict Onnoghen without first referring the case to the National Judicial Council (NJC), the body responsible for overseeing judicial officers. Furthermore, the court noted that the tribunal lacked authority to prosecute him after he had submitted his voluntary retirement letter, which was accepted by the Federal Government of Nigeria.
The court ordered the immediate unfreezing of Onnoghen’s bank accounts held with Standard Chartered Bank in Abuja, emphasizing that the CCT should have first sought the NJC’s approval before initiating any legal action. The appeal court also mandated that both parties take necessary steps to implement the terms of the settlement.
Following the ruling, Awomolo praised the verdict, describing it as a significant shift in judicial policy. He criticized the executive branch’s 2019 decision to remove the CJN without consulting the NJC, seeing the appeal court’s decision as a corrective measure. He expressed gratitude to AGF Lateef Fagbemi and President Bola Tinubu for facilitating the settlement.
Onnoghen had originally been barred from holding public office for ten years as part of his 2019 conviction. However, the appeal court’s ruling, supported by the Nigerian federal government, clears him of any wrongdoing in his capacity as a judicial officer.
