Ex-CJN seeks acquittal, dismissal of charges LG’s lawyers clash, as CCT slates Thursday for judgment

Former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, yesterday, berated the Federal Government for alleging that he confessed to the non-declaration of assets charge that resulted to his removal from office by President Muhammadu Buhari. Suspended Chief Justice of Nigeria, Justice Walter Onnoghen, Onnoghen, who voluntarily resigned his position as the CJN on April 4, maintained that contrary to Federal Government’s allegation, he did not at any time, admit that he committed any crime to warrant his trial before the Code of Conduct Tribunal, CCT, in Abuja. “This case is about alleged non-declaration of assets or failure to make a declaration. Counts two to six of the charge complained of false declarations.

We submit that where a complainant alleged false declaration, it presupposes that there was a declaration”, Onnoghen’s lawyer, Mr. Okon Efut, SAN, said while adopting the defendant’s final address with respect to the charge. He urged the tribunal to dismiss the charge in its entirety, contending that FG failed to prove the elements of the crime beyond reasonable doubt as required by law. On the issue of Exhibit C which was the statement, the former CJN made before the CCB, Efut said it was grossly incorrect for the prosecution to equate forgetfulness with the admittance of crime. “This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge. The defendant cannot be convicted for an offence that is unknown to the law, for which there is no prescribed punishment. “The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria. Until the law is well defined, an accused cannot be punished for an unknown offence.

“There is evidence that the defendant substantially declared all his assets and it is not true that he did not declare his assets since 2005 until 2016. In fact, this argument even defeats their case because they said that he falsely declared. What we are saying is that the prosecution has woefully failed to prove its case,” the defence lawyer insisted. More so, Onnoghen argued that section 15 of the CCB and Tribunal Act, is in conflict with Paragraph 11 of the Fifth Schedule to the 1999 Constitution. He argued that the section upon which FG hinged the charge against him, was unconstitutional and ought to be declared null and void. Consequently, the defendant prayed the tribunal to discharge and acquit him of all the allegations against him. However, Federal Government, through its lawyer, Mr Aliyu Umar, SAN, 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. In its written address, Federal Government further urged the tribunal to hold that the prosecution proved its case against the defendant, beyond every reasonable doubt. “We urge this tribunal to rely on hard facts before it and convict the defendant accordingly,” Federal Government stated. It further reinforced its position that the ex-CJN admitted that he forgot to declare his ownership of various bank accounts that were operational as at the time he declared his assets in 2016. “Whether or not forgetfulness is an offence, is for your Lordships to determine,” FG added.

Moreover, FG argued that it was not in Onnoghen’s position to determine whether or not the charge against him was proved beyond a reasonable doubt, saying “The defendant cannot place a burden that the Constitution has not placed on the prosecution.” FG’s lawyers’ clash Meanwhile, there was sharp disagreement in FG’s camp immediately the CCT commenced its proceeding, yesterday, as two senior lawyers in the prosecution team, struggled for the microphone to address the panel. Shortly after FG’s lead counsel, Mr Umar, SAN, announced his appearance, a member of his team, Prof. Zainab Duke, attempted to take over the microphone to address the Mr Danladi Umar-led three-man tribunal. With a paper in her hand, Prof. Duke tried to use the microphone but Umar, SAN, quickly grabbed it and shouted on her to sit down. “There cannot be two leading counsel in this matter. Sit down! You cannot speak,” Umar noted. Meantime, Prof. Duke, who struggled to regain her position after she sank to her seat in the middle of a struggle for the microphone with Umar, did not give up, as she kept shouting, “My lord, I need your protection.” Intervening, the CCT Chairman, Mr Umar, urged both parties to calm down, after which he foreclosed Prof. Duke from addressing the tribunal on behalf of the prosecution. “Only one of you can speak for the team. Whatever you have to say to us, I suggest that you inform the lead counsel,” the CCT Chairman stated. CCT fixes Thursday for judgment Meanwhile, the tribunal fixed Thursday to deliver judgment on the charge against Onnoghen.

The tribunal said it would also on that day, deliver a ruling on two applications the erstwhile CJN filed to challenge the competence of the criminal proceeding the government initiated against him. The application was accordingly granted by the tribunal which ordered her exit, even as the former CJN watched the drama from his vantage position in the dock. Nevertheless, speaking to newsmen outside the courtroom, Prof Duke said she only wanted to draw the attention of the tribunal to the similarity between Onnoghen’s trial and a case she said took place in England over 300 years ago. Meanwhile, the tribunal fixed Thursday to deliver judgment on the charge against Onnoghen. The tribunal said it would also on that day, deliver a ruling on two applications the erstwhile CJN filed to challenge the competence of the criminal proceeding the government initiated against him.

FG 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. 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. Justice Onnoghen drew the 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 from 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 a 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. The tribunal had 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, held that it would not consider the merit of Onnoghen’s objection to the charge, till conclusion of the trial. While FG closed its case against the ex-CJN after it produced three witnesses to testify before the tribunal, the Defendant who initially proposed to also call three witnesses to defend the charge, announced his decision to close his defence after his driver testified that he was present when the disputed asset declaration forms were submitted at CCB’s head office in Abuja.

Read more at: https://www.vanguardngr.com/2019/04/assets-declaration-charge-i-didnt-confess-to-any-crime-says-onnoghen-2/

Summary pls

"This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge. The defendant cannot be convicted for an offence that is unknown to the law, for which there is no prescribed punishment. “The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria. Until the law is well defined, an accused cannot be punished for an unknown offence."

- amazing point here

APC AND LIES

End time President

Una no dey tire?

quote author=dawn88 post=77578570]See below[/quote]

Buhari is a thief, and a murderer. He's obviously going to hellfire

This Onnoghen that speaks with two sides of his mouth again? I beg make una keep his resignation letter intact, tomorrow, the gaffer fit claim he didn't present any resignation letter again

Onnoghen should blame himself for allowing our aggressive idiotic jobless brothers to support him.
The reason why Buhari,Tinubu,ganduje,kanu,omoagege etc excel today is because those miscreants are not supporting them.

In another news
Erosion is finishing their land

DEAR ALL, KINDLY READ, DONATE AND SHARE.

Nairalanders pls sorry to bother you all again my hope was on my state governor but he gave us just 1m naira.

Please nairalanders help me to share this story in all your social media handles people only respond to a viral story.
Help me this month of April make it 1yr my mother was diagnosed with kidney disease and she has been on dialysis since then. Pls read.

My Mother needs N12M for a kidney transplant in India. ( We have 1m Naira donated by Mr. Governor of Edo state) 

My mother Akhare Flora Olochemeuan a staff of Ikpoba Okha Local council Edo state, a 48years old woman from Edo state was diagnosed of end stage rena failure ( kidney disease) around April last year. She is a single mother of one. Now she has her only child for survival. She has been going for dialysis since April last year. Each dialysis cost around N43,000 to N100,000 plus injections and sometimes blood transfusion. (twice a week)

She was told by her Dr at Lagos State teaching hospital LASUTH that the only lasting solution for her ill health is to go for a kidney transplant. This can be done here in Lagos State teaching hospital LASUTH or India. 
Please we are begging everyone to contribute even though is just N1,000. 
Note: N1000 from 11000 people is eleven million Naira. 
Please help save a Life.

We have all the necessary documents to backup this story. Thank you and God Almighty Bless you all Amen. 
For verification, this is a link to it on national newspapers.

https://www.dailytrust.com.ng/kidney-disease-patients-husband-flees.html

https://www.vanguardngr.com/2018/11/man-seeks-n8m-for-m

For update read more here on this link I have supplied enough evidence here
https://www.nairaland.com/4443372/please-save-mothers-life-shes/6.

Mods show some Mercy please

My contact+2348064. 945586

Though the man failed to declare some of his assets but this case was not intended to prosecute him for asset declaration but to get him out of CJN seat

[s]

Afamed:
This Onnoghen that speaks with two sides of his mouth again? I beg make una keep his resignation letter intact, tomorrow, the gaffer fit claim he didn't present any resignation letter again

[/s]
claptrap and stupid

Sir.... You say wetin?

In Nigeria when someone "big" commits a crime that involves "big cash" he tries to look innocent by going to court and after a loooooooong time, the case becomes useless, everyone gets tired and he walks with little or no fine, he goes back to enjoy the cash.
BUT when hunger wan kill person and he goes out of the way to steal a cup of gaari, if mob no kill am police go kill am and if police no kill am, court will ordered him to ve hanged same day the case gets to court.

We are fvcked....

This man is a hardened hardcore criminal.

Below is the Summary

Yes Yes.... You resigned to save the judiciary.

To him his statement was not a crime, which is not until found guilty.

That Epistle is too long, I wish I had time to read the whole thing. BTW, happy birthday to all Nairalander and every other person who's celebrating his birthday today. It's a day of fun, bliss and joy for us. Aries are the best, trust me!

This case never end ni

The table this apc lead federal government is shaking will as well affect then when the president realise that cabal as been running his government. we sell chinese rmb.check s

Amuocha:
Summary pls

"This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge. The defendant cannot be convicted for an offence that is unknown to the law, for which there is no prescribed punishment. “The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria. Until the law is well defined, an accused cannot be punished for an unknown offence."

- amazing point here

Ignorance in law is what?

hw can this man get justic were only one tribe dey head eferithin,they head tribunal, head presidency, head military, head police, very strange and weild
God helep us !

Oga wa pe lewon ju obo lo ...

Good morning and Sai Baba Buhari

APC

[s]

omenkaLives:
This man is a hardened hardcore criminal.

[/s]
just like Tinubu Buhari Osibanjo
hypocrite bro