In a move widely seen as a sinister plot to oust the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen out of office before the 2019 general elections, the federal government will on Monday, January 14, arraign the number one jurist before the Justice Danladi Yakubu led- Code of Conduct Tribunal (CCT) in Abuja, on charges of failure to declare his assets, and for operating foreign bank accounts. The CCT confirmed the planned arraignment in a statement by its Head of Press & Public Relations, Ibraheem Al-Hassan. Apart from getting Justice Onnoghen in the dock, it is understood that a motion on notice has been filed against him by the Code of Conduct Bureau (CCB), praying the CCT to order him to vacate office and recuse himself, to prevent any interference in his arraignment and trial.
Ahead of his appearance at the tribunal, www.www.aso.rocks search engine learnt that on Friday, Justice Onnoghen was formally served the summons to appear at the CCT at his official residence. As matters stand, Justice Onnoghen, whose appointment suffered unprecedented delay by President Buhari over undisclosed issues may end up as the first sitting Chief Justice to be arraigned for criminal charges by the federal government. A civil society group- Anti-corruption and Research Based Data Initiative (ARDI) petitioned the CCB over the alleged illegal transactions in the CJN’s bank accounts. The petition include allegations that the CJN “is the owner of sundry accounts primarily funded through cash deposits by himself up to August 10, 2016, which was operated in a manner inconsistent with financial transparency and the Code of conduct for public officials.” It is worth recalling that Onnoghen assumed office as CJN on March 6, 2017, and not in 2016 as quoted in the petition, even though he was serving in acting capacity at the time. Onnoghen was also faulted for not complying with the constitutional requirement for public servants to declare their assets every four years during their career. The tribunal would therefore commence the trial of the CJN as the service of summons had been served on him.
Dennis Aghanya, Executive-Secretary of the Anti-Corruption and Research Based Data Initiative (ARDI) which filed the petition against Justice Onnoghen said the body had acted as a whistleblower, explaining that the petition, which was filed on January 7, was an offshoot of a painstaking investigation into the dealings of the CJN. He said the organization was of the strong opinion that the allegations were weighty enough to compel an action against Justice Onnoghen.
The petition stated: “we hereby petition you on suspected violations of the law and the Constitution of Nigeria by the Honorable Mr. Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria. Specifically, we petition you based on the alarming facts detailed below, all of which indicate that the leader of our country’s judicial branch is embroiled in suspected official corruption, financial crimes and breaches of the Code of Conduct Bureau and Tribunal Act. “The particulars of our findings indicate that: His Lordship Justice Walter Onnoghen is the owner of sundry accounts primarily funded through cash deposits made by himself, up to as recently as 10th August 2016. These appear to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.’’
The AED alleged that Justice Onnoghen made five different cash deposits of 10,000 dollars each on March 8, 2011 into Standard Chartered Bank Account 1062650. The group also alleged that the CJN on June 7, 2011, made two separate cash deposits of 5000 dollars each. It also alleged that the June 7, 2011 transactions were followed by another four cash deposits of 10,000 dollars each. Similarly, ARDI further alleged that Justice Onnoghen had on June 27, 2011, made another set of five separate cash deposits of 10,000 dollars each and made four more cash deposits of 10,000 dollars on June 28, 2011.
ARDI described as “curious”, the fact that such domiciliary accounts were not declared in one of the two CCB Forms filed by Justice Onnoghen on the same December 14, 2016. The group held that the petition has succeeded in establishing suspicious financial and other transactions against the CJN, stressing that the collusion between him and various banks related to “Suspicious Transactions Reporting (STR) and financial transactions not justifiable by his lawful remuneration at all material times.
The AEDI also claimed that the CJN had also failed to declare his assets immediately after taking office, adding that the inaction was contrary to Section 15 (1) of Code of Conduct Bureau and Tribunal Act. The group said Onnoghen did not comply with the constitutional requirement for public servants to declare their assets every four years during their career. The group alleged that the Code of Conduct Bureau Forms (Form CCB 1) belonging to Justice Onnoghen for 2014 and 2016 were dated and filed on the same day, citing the acknowledgement slip for Declarant SCN: 000014 which was issued on Dec.14, 2016 while that for Declarant SCN: 000015 was also issued on Dec.14, 2016. The petitioner alleged that the two CCB acknowledgment slips were issued to Justice Onnoghen when he had been sworn-in as the CJN.
“In filling the section on Details of Assets, particularly cash in Nigerian Banks, His Lordship as Declarant SCN: 000014 mentioned only two bank accounts,” but Justice Onnoghen as Declarant SCN: 000015, had listed seven bank accounts that were in use. The group said the CJN was linked to Standard Chartered account 00001062667, with balance of N3, 221,807.05 as at Nov. 14, 2016. Another account they alleged was operated by the CJN included Standard Chartered account 00001062650, with balance of $164,804.82, as at Nov.14 2016. The other account linked to him is Standard Chartered with account number 5001062686, with balance of 55,154.56 Euros as at Nov. 14, 2016 among others. The petitioner said the sources of the funds in the accounts were stated as salaries, estacodes and allowances.
In response to the CCB, Justice Onnoghen admitted that he forgot to update his asset declaration forms, but denied any wrongdoing. “My asset declaration form numbers SCN 00014 and SCN 00005 were declared on the same day, 14/12/2016 because I forgot to make a declaration of my assets after the expiration of my 2005 declaration in 2009. Following my appointment as acting CJN in November, 2016, the need to declare my assets anew made me to realize the mistake.
“I then did the declaration 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. “I did not make a fresh declaration of asset after my substantive appointment as CJN because I was under the impression that my SCN 000015 was to cover that period of four years which includes my term as CJN,” Justice Onnoghen said in his statement dated January 11, 2017, in response to the CCB query.
Justice Onnoghen’s battle for survival as the CJN began as soon as his predecessor, the former CJN, Justice Mahmud Mohammed retired from office in November 2016. Onnoghen, who was expected to assume office immediately to avoid any vacuum in the judiciary, was however, left in acting capacity until March 2017, following the delay in transmitting his nomination to the National Assembly by Buhari, for screening and confirmation. It took the deft move by then Acting Presient, Prof. Yemi Osinbajo to save the country from an embarrassment and looming constitutional crisis. Justice Onnoghen was first appointed acting CJN on November 10, 2016 and was sworn in to office as Nigeria’s 17th CJN on March 8, 2017.
Presidency feigns shock and ignorance of plot
In a move that shocked many Nigerians, the Presidency tried to absolve itself of any complicity in the unfolding plot, claiming the “plan to drag the CJN to the Code of Conduct Tribunal does not enjoy the approval of the President who was shocked about the development.” Presidential sources told www.www.aso.rocks search engine that the plot may have been hatched by fifth columnists in the corridors of power, who designed it to embarrass the Presidency and create misunderstanding between the judiciary and the Federal Government. “Let me tell you point blank, Mr. President is not aware and was shocked at the development. It is not going to fly,” said a source speaking on condition of anonymity. Asked whether the plot will go forward, the source said “what is certain right now is that this came as a shock to the Presidency and does not enjoy approval of any kind. You can figure out the rest.”
Atiku cries foul
In a statement by the Atiku campaign, the PDP presidential candidate said: “I have received the news of the sudden charges about to be filed against the Chief Justice of Nigeria, Justice Walter Onnoghen, with apprehension and suspicion, especially as such a move against the head of an arm of our government is coming so close to an election in preparation of which the Buhari administration has shown growing desperation. “My suspicions are further exacerbated by the fact that the Buhari government is pressuring an independent and self-governing arm of government with the aim of getting CJN Walter Onnoghen to resign or be pushed aside. I stand on the side of the rule of law and believe that a person is innocent until proven guilty. If Justice Walter Onnoghen is guilty of the charges about to be preferred against him, let his guilt be determined by a competent court of law and not by the Buhari administration. The executive cannot usurp the role of the judiciary. Nigeria is still a democracy and not a fascist dictatorship as President Buhari may wish.
“Any attempt to force Justice Walter Onnoghen to vacate his office, four weeks to an election for which the unpopular Buhari administration has shown every intention to manipulate, is a move pregnant with negative meaning. “I see no reason whatsoever for the ongoing pressure by the Buhari government to force Justice Walter Onnoghen to vacate office when he has not been convicted for any offence. I therefore call on the President to respect the principle of separation of powers and abide by the rule of law on this matter and stop any interference or pressure on Justice Walter Onnoghen, or the judiciary and allow the law and the Constitution take its full course,” the statement concluded.
Atiku’s sentiments were echoed by the PDP, whose national chairman, Uche Secondus, in a speech at the party’s presidential rally in Jos, Plateau State, said: “the Presidency, having hijacked security agencies, as well as the INEC was still not very sure of the outcome of the elections and so would want to have full control of the Judiciary as well. He further alleged that the Buhari Presidency is plotting to destabilize and annex the judiciary in order to achieve selfish political motives ahead of the 2019 general elections.
In a separate statement by the party’s national publicity secretary, Kola Ologbondiyan, the PDP alleged that “the All Progressives Congress (APC) and cabal at the Buhari Presidency are hounding Onnoghen and seeking his removal so as to cause a constitutional crisis, instill fear in judicial officers, and pave the way for the foisting of a pliable CJN that will do their biddings on electoral matters”
According to the PDP, “This development is a clear recipe for anarchy and a huge crisis that is capable of fracturing our justice system and derailing our democracy as it portends a prelude to a total clamp down on institutions of democracy and rule of law in our country”.
The party, therefore urged all Nigerians, the United Nations and all international bodies to unite in the defence of democracy, especially at this very critical time in the country’s political development.
“Moreover, if President Buhari is committed to cleaning up the system as he claims, we challenge him to allow the Inspector General of Police, Ibrahim Idris, whose tenure has expired, and who had also been rejected by Nigerians due to his manifest partisanship, to go.
“President Buhari should also ask Amina Zakari to recuse herself from INEC following her rejection by Nigerians over issues of impropriety in her appointment as chairperson of the presidential election collation committee.”
The PDP further challenged Mr. President to also commence plans for the immediate prosecution of members of his campaign organisation, including his co-Chairman, Asiwaju Bola Tinubu, and the National Chairman of his APC, Adams Oshiomhole over allegations of corruption against them