Onnoghen’s Response To Code Of Conduct Bureau Query Revealed: INNOCENT

Suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen’s response to the query by Code of Conduct Bureau (CCB) has been revealed. Onnoghen in his response said

‘My Asset Declaration for Nos. SCN000014 and SCN.0000 5 were declared on the same day, 14th December, 2016 because I forgot to make a declaration of May, 2005 declaration of my assets after the expiration of my 2005 declaration in 2009.

Onnoghen also said that he cannot remember the total amount he had in his reserve at the time but it spread from his practice days as a private legal practitioner from 1979-1989.

Some of the deposits were result of forex trading. AGRICODE and other investment returns were from proceeds of his investments .

Read full statement below DATE: 1st January, 2019 I WALTER S. N. ONNOGHEN of THE SUPREME COURT OF NIGERIA hereby voluntarily depose to the statement averred herein knowing that whatever I write or state may be tendered against me as evidence in court.

I also volunteer to state that the statement was not taken in evidence from me under duress but after the administering officer has explained and made known the details of the allegations against me.

Rank/Position: CHIEF JUSTICE OF NIGERIA Date of Birth: 22nd DECEMBER, 1950 Residential Address: CTN DRIVE ASO VILLA, ABUJA

Date of 1st Appointment into Service: 1st OCTOBER, 1989 Date of Substantive Appointment: 7th March, 2017 Category of Appointment: TENURED Duration of Tenure (if Applicable): FOUR YEARS Date of Declaration of Assets: 14TH DECEMBER, 2016

Details of Companies/Enterprises: NONE Bank account Details: STD. CHARTERED 0001062667 AND OTHERS AS PER MY ASSET DECLARATION FORM

No of Children: FOUR State any other full Time Employment (if any): NIL Name (s) of Spouse/Date of Birth: MRS NKOYO W. N. ONNOGHEN 11TH JULY, 1957 Name of Children/Date of Birth: ORIMINIWEFA N. ONNOGHEN EWUWUNI N. ONNOGHEN EFA N. ONNOGHEN TITE N. ONNOGHEN

Response to the Allegation(s): My Asset Declaration for Nos. SCN000014 and SCN.0000 5 were declared on the same day, 14th December, 2016 because I forgot to make a declaration of May, 2005 declaration of my assets after the expiration of my 2005 declaration in 2009.

Following my appointment as Acting Chief Justice of Nigeria in November, 2016 the need to declare my asset anew made to realize the mistake and then did the declarations to cover the period in default.

I did not include my Standard Chartered Bank Account in SCN. 000014 because I believed they were not opened during the period covered by the declaration. I did not make a fresh declaration of assets after my substantive appointment as CJN because I was under the impression that my SCN. 000015 was to cover the period of four years which include my leave as CJN.

The deposits made in my US Dollar account No. 87000106250 with STD. Chartered Bank of $10,000 at different intervals of 28/6/11 were sourced partly from my reserve and saving from my estacodes including medical expenses.

The same applies to my deposit of 27/7/11 of the sum of $10,000 twice. It is important to state that prior to my opening the US dollar account I had foreign currency which I kept at home due to the fact that there existed a government policy that proscribed the operation of foreign currency account by Public officers including judicial Officers.

It was when I got to know that the policy had changed that I had to open the said account. Upon opening the account, I was made to understand that I cannot pay in more than $10,000 at a time and per payment slip.

I cannot remember the total amount I had in reserve at the time but it spread from my practice days as a private legal practitioner from 1979-1989. Some of the deposits are a result of forex trading. AGRICODE and other investment returns were from proceeds of my investments into them. The withdrawals in the account are partly to pay children fees and upkeep abroad and further investments.

My British Pound and Euro accounts with Chartered Standard Bank are savings accounts. WALTER SAMUEL NKANU ONNOGHEN

EU ‘very Concerned’ Over CJN Onnoghen’s Suspension

The European Union has expressed deep concerns over the process and timing of the suspension of Justice Walter Onnoghen as Chief Justice of Nigeria.

The European Union Election Observation Mission on the Nigeria 2019 General Elections in a statement on Saturday by Press and Public Outreach Officer, Sarah Fradgley said the suspension raises the question of ‘whether due process was followed’.

Recall that President Muhammadu Buhari suspended Onnoghen on Friday and appointed Justice Ibrahim Tanko Mohammed as CJN in Onnoghen's stead.

The EU calls on all parties to follow all legal processes in line with the constitution of the country.

The statement read: “The European Union was invited by the Independent National Electoral Commission to observe the 2019 general elections.

“The EU Election Observation Mission (EU EOM) is very concerned about the process and timing of the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, on 25 January.


“With 20 days until the presidential and National Assembly elections, political parties, candidates and voters must be able to have confidence in the impartiality and independence of the judicial system.

“The decision to suspend the Chief Justice has led to many Nigerians, including lawyers and civil society observer groups, to question whether due process was followed. The timing, just before the swearing in of justices for Electoral Tribunals and the hearing of election-related cases, has also raised concerns about the opportunity for electoral justice.

“The EU EOM calls on all parties to follow the legal processes provided for in the Constitution and to respond calmly to any concerns they may have.

“The EU EOM will continue observing all aspects of the election, including the independence of the election administration, the neutrality of security agencies, and the extent to which the judiciary can and does fulfill its election-related responsibilities.”

Femi Falana Reacts To CJN Onnoghen Suspension

Legal Luminary, Femi Falana has finally reacted to the suspension of the CHief Justice of Nigeria, Walter Onnoghen by President Muhammadu Buhari.

In a statement sent to PoliticsNGR, Falana stated stated that the Illegality of the suspension should not be allowed to stand. Read the full Statement below;

"I have had cause to call on the Attorney-General of the Federation, Mr. Abubakar Malami SAN to withdraw the charge of false declaration of assets filed against the Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of Conduct Tribunal. The call was without prejudice to the merit of the serious allegations levelled against the Chief Justice. In line with decided judicial authorities I had wanted the National Judicial Council to investigate the allegations. Unfortunately, the 88th statutory meeting of the NJC scheduled to hold on January 15, 2019 which could have deliberated on the matter and take an informed position was postponed indefinitely on the directive of the embattled Chief Justice."

"As the battle shifted to the courts, both the Judiciary and the Executive were forum shopping for court orders from the Federal High Court, the National Industrial Court, the Code of Conduct Tribunal and the Court of Appeal. In the process, settled principles of law were sacrificed for the exigency of the moment."

"Thus, at the 15th annual Gani Fawehinmi lecture which held in Lagos on January 15 2019, I was compelled to warn against the dangerous trend. Regrettably, the warning fell on deaf ears. Curiously, in an act of brazen impunity, the Executive procured an ex parte order from the Code of Conduct Tribunal for the immediate suspension of the Chief Justice from office. In his purported compliance with the ex parte order, President Mohammadu Buhari has announced the suspension of Justice Onnoghen as the Chief Justice and appointed Justice Tanko Mohammad as the Acting Chief Justice."

"It is unfortunate that the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the Office of the Chief Justice to be completely desecrated. It is intringing that the 12 lawyers including three Senior Advocates of Nigeria in the federal cabinet did not deem it fit to disuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the Code of Conduct Tribunal. In particular, they ought to have reminded the President of the compulsory retirement of Justice Stanley Nnaji and Justice Wilson Egbo-Egbo for issuing illegal ex parte orders for the removal of Dr. Chris Ngige as Governor of Anambra State. It is sad to recall that it was the federal government superintended by former President Olusegun Obasanjo that instigated the illegal removal of the governor at the material time."

"However, notwithstanding the inauguration of Justice Tanko Mohammad as the Acting Chief Justice the legal profession should not hesitate to review the entire Onnoghen saga in the interest of the nation's judiciary. In Elelu-Habeeb v AGF (2012) 40 WRN 1, the Supreme Court held that by virtue of section 292 of the Constitution the heads of the judicial arms of the state and federal governments in the country cannot be removed without a prior investigation conducted by the NJC. Consequently, the apex court set aside the purported removal of the appellant as the Chief judge of Kwara State upon an address forwarded to the house of assembly by former Governor Bukola Saraki. Therefore, the National Judicial Council should convene and constitute a committee to investigate the allegations leveled against the Chief Justice and make appropriate recommendation to the relevant authorities."

"Meanwhile, the legal team of the Chief Justice should proceed to challenge his suspension from office either at the Code of Conduct Tribunal or the Court of Appeal."

Despite the gravity of the allegations levelled against the Chief Justice the illegality of the suspension should not be allowed to stand. The ex parte order is a suspect document as the motion ex parte on which it was predicated was allegedly filed on January 9, 2019 while the substantive charge against the Chief Justice was filed at the registry of the Code of Conduct Tribunal on January 11, 2019. Furthermore, the counsel who argued the motion is not indicated in the ex parte order. However, in view of President Buhari's belated fidelity in the rule of law the federal government should comply with all valid and subsisting orders of competent municipal and regional courts made against the federal government. President Buhari should not be permitted to choose and pick orders of courts to obey."

US Embassy Reacts To The Suspension And Replacement Of Chief Justice Of Nigeria

“The Embassy of the United States is deeply concerned by the impact of the executive branch’s decision to suspend and replace the Chief Justice and head of the judicial branch without the support of the legislative branch on the eve of national and state elections.

We note widespread Nigerian criticism that this decision is unconstitutional and that it undermines the independence of the judicial branch. That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent, and peaceful – leading to a credible result.

We urge that the issues raised by this decision be resolved swiftly and peacefully in accordance with due process, full respect for the rule of law, and the spirit of the Constitution of Nigeria. Such action is needed urgently now to ensure that this decision does not cast a pall over the electoral process.”