₦airaland Forum

11.1 Conclusion

It is noteworthy that this petition is not based on any direct complaint from anybody against the Respondent in the discharge of His official functions as a judicial officer but rather intelligence reports gathered by the EFCC.
The Power of NJC is limited to the investigation of misconduct arising from or occurring in the discharge of judicial functions and not crime at large.
The question to be asked is, has any of the allegations in this petition raised any issue bothering on judicial misconduct?
The answer is obviously NO.
All the bank accounts listed by the EFCC were legitimately opened and It has not been shown that having bank accounts amount to a misconduct or a crime.
The Respondent has led credible evidence to show that all the lodgments into the accounts were legitimate earnings, allowances, estacodes and profits from His investment which the EFCC have not been able to disprove.
The various statements of account tendered showed no money lodgment came from any suspicious source.
The USD30, 000 lodgment by Joe Agi SAN was sufficiently explained by Joe Agi himself to be money given to him by the Respondent to deposit upon the opening of the Domiciliary Account which evidence was corroborated by the Respondent.

There is also no direct evidence beyond the mere suspicion that the sums were paid to influence decisions of the In Okereke v. The State (No. 1) (2016) 5 NWLR (Part 1504) 69 at Page 101 D, the Supreme Court per Peter-Odili, JSC held as follows: “Again brought out is the fact that all that may have been available to the Court did not go beyond suspicion which no matter how high or grave cannot ground a conviction in a court of law.”
It is submitted that the Respondent not being the CJN at the material time when the cash gifts were given was not in a position to constitute panel that will hear and determine appeal at the Supreme Court in cases involving the SAN’s.

There is also no evidence of any breach of the rules of Code of Conduct for judicial officers and or any member of the public alleging compromise or misconduct in the performance of his judicial function arising from the traditional cash We refer this Honourable Committee to Rule 13.4(b), 13.5 (2)(i) and Rule 13.5 (2)(iii) of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.
For Service On

Counsel For the Petitioner

Economic and Financial Crimes Commission Rotimi Oyedepo, Esq

rotimi-oyedepo@yahoo.com

9.1 ALLEGATION OF CONVERTING PUBLIC FUNDS UNDER GUISE OF ESTACODES FOR THE WIFE OF THE CJN – ABSENCE OF MERIT

Again, in paragraph viii at page 5 of the petition dated 5thMarch 2019, the petitioner alleged, ‘viii That his Lordship used his position as the Chief Justice of Nigeria to convert public funds under the guise of estacodes for his wife who was not in the employment of the Supreme Court of Nigeria. See Annexture j, Supreme Court letter dated 19th February, 2019 to the EFCC with attached receipt of payment.’
With respect to the authors of the petition, the above allegation is derived from the ignorance on the practice and convention at the Supreme Court which did not start with the Justice W.S.N. Onnoghen where a Justice of the Supreme Court is entitled to attend events and seminars outside the country with his or her spouse. The practice and convention allows payment of half of the estacode received by the Justice to the spouse. This was an uncontradicted evidence before this Panel. Accordingly, the allegation at paragraph viii of page 5 of the petitioner dated 5th March 2019 to the effect that His Lordship converted public funds under the guise of paying estacodes to his wife ought to be dismissed.
In his reply dated 11thMarch 2019, the respondent sated clearly: ‘With regard to the allowances payable for both domestic and international trips, please see annexure “E” dated 28th May 2007 referenced as CJN/NJC/55C/VOL111/731 covering all judicial officers of the Federal Republic of Nigeria and signed by the then CJN, now late Hon. Mr. Justice Idris Legbo Kutigi, the practice is to pay half the sum due to the judicial officer to the spouse and multiply it by the number of days/weeks required for the trip. (viii) With regards to item (viii), I had earlier stated that the practice in the Court as I met it in 2005 and which still continues to date is for every Justice and the Chief Justice of Nigeria to travel for international conferences with his/her spouse, both of whom are entitled to estacode irrespective of the place of employment of the spouse as the payment is not as a result of being employed in the Supreme Court of Nigeria but as a spouse of a Justice of the Supreme Court of Nigeria. I remember my first international conference when I joined the Supreme Court. It-was held in the Czech Republic and I attended it with the then Chief Justice of Nigeria, Hon. Mr. Justice Mohammed Uwais, one of his wives and my dear wife. We flew British Airways. At that time, the Chief Justice of Nigeria and all Justices of the Supreme Court, traveled first class together with their spouses:. At least, they’ were paid the amount for first class tickets though some may decide to save money by traveling Business or even Economy Class. No one ever questioned them or required a refund of the difference.
The above was never contradicted by the In any event, it remains the practice and convention in the Supreme Court. This Honourable Committee is urged to hold that no misconduct whatsoever can be ascribed to the Honourable Chief Justice of Nigeria based on the convention which he did not start regarding spouses of all Justices and the CJN, attending conferences with the Justices and receiving half of the estacode approved by the management of the Supreme Court.
10.1 RECEIPT OF CERTAIN AMOUNT OF MONEY FROM THE CHIEF PROTOCOL OFFICER

Paragraphs vi and vii (p.3) of the petition dated 5th March 2019 alleged that His Lordship received the following from Ngozi Laura It claimed that the payments are public funds that ought to have been returned to the treasury of the Federal Government. It alleged that His Lordship converted the funds to his personal use.
S/N AMOUNT DATE
1 N678,000.00 27/07/2017
2 N1,070,000.00 02/08/2017
3 N692,000.00 15/09/2017
4 N1,600,000.00 15/11/2018
5 N1,916,000.00 20/03/2018
6 N532,000.00 06/07/2018
7 N2,198,760.00 27/06/2018
8 N3,384,090.00 03/07/2018
9 N1,287,000.00 09/08/2018
10 N2,608,000.00 24/09/2018
11 N9,203,602.00 05/11/2018
TOTAL N24,169,452.00
On the face of the petition, the impression was given that Nogzi Laura Nwankwo was used as a tool for transferring funds from the Supreme Court to the CJN. This allegation is malicious. Evidence revealed that Ngozi Laura Nwankwo is the Head of the Protocol Unit at the Supreme Court. Funds for the tickets of the Hon. Justices are paid to the public officer who procures the tickets or pay the funds to the Justice.
Nothing shows that the Honourable justices return funds given to them for the tickets except in respect of trips they did not eventually undertake.

The Honourable Committee is urged to take cognizance of Pw 5 under cross examination, PW5 admitted, ‘The fund to be involved in the trips are worked out by the Protocol unit, not by the CJN or individual Justices. All the money passed through my account to the CJN and other Justices were legitimate monies, approved for their travels’.
In his response dated 11th March 2019, His Lordship stated as follows; ‘I have to state that Mrs Ngozi Laura Nwankwo is the present head of the Protocol Department of the Supreme Court of Nigeria and whatever payments she made into my account are done in that capacity as they relate to her duties and my entitlements. Payments listed under this head are therefore refunds to me except item 11 which was paid by the court direct into my account in anticipation of my trip to Egypt and Spain early this’ year which was aborted due to the present contrived crisis. I have to point out that in some cases where the price of air tickets became higher than estimated, I had to make up the difference and that by the practices of the court, every Justice of the Supreme Court is entitled to attend international conferences with his l her spouse and while the Justice and his/her spouse is entitled to a Business Class ticket, the Chief Justice of Nigeria and his spouse are entitled to first class tickets…….
In respect of items (i) & (vii) I am accused of receiving If the petitioners are after the truth, they should ask for and make available to the panel, a comprehensive record of payments and for air tickets and estacodes to all Justices of the Supreme Court and Chief Justices of Nigeria for you to see whether I Have done anything outside the practice I cane to meet in the Court.

The above remain the truth and uncontradicted.

3.0 THE SECOND PETITION DATED 5TH MARCH, 2019

4.0 ISSUES FOR DETERMINATION

The defence submits, that the sole issue for determination is, WHETHER BASED ON FACTS BEFORE THE COMMITTEE THE PETITIONER HAS ESTABLISHED ANY MISCONDUCT IN THE PERFORMANCE OF HIS JUDICIAL FUNCTION?

5.1 FRESH ALLEGATIONS CONTAINING VERY MALICIOUS AND SPECULATIVE SUBMISSIONS TO THE NATIONAL JUDICIAL COUNCIL BY THE PETITIONER

This Honourable Committee will, very graciously observe that the second petition dated 5th March 2019, vide reference EFCC/EC/CJN/05/95 was submitted to the office of the Chief Justice of Nigeria on 5th March 2019 at 30 p.m during the hearing of the first petition by this Honourable Committee. The Honourable Committee is urged to confirm whether this petition went through preliminary assessments as provided by Rules 17 and 18 of the Judicial Discipline Regulations 2017. If it did not, then the petition is incompetent. Be that as it may, the Respondent effectively responded to all the issues raised by this second petition and cleared all the malicious and speculative issues raised by the prosecution as evident from the following:

5.3 APPEARANCE OF JOE AGI IN SUIT NO. SC/3/2010 AND ALLEGED RECEIPT OF MERCEDES BENZ GL 450 VALUED N7,000,000.00 FROM JOE AGI, SAN

As this Honourable Committee graciously observed during the hearing of the petition, the Suit SC/3/2010 is the consolidated suit Nos SC.3/2010, SC.51/2010 and SC.54/2010. It is reported in [2010] 19 NWLR (Part 1226) 172.

The law report contains the entire history of the As evident at pages 208 and 209 of the law report, Joe Agi, SAN was neither Counsel nor did he appear for any of the parties at the High Court and Court of Appeal. In the Supreme Court, Joe Agi, SAN was one out of 12 Counsel who appeared for the Appellants in the Supreme Court (please see, p.207 and 208 of the law report) or the appearances page of the electronic law report submitted by the petitioner themselves. In order of seniority, Joe Agi SAN was the fifth (5th) Senior Advocate for the Appellants. In other words, he appeared as a junior to 4 other Senior Advocates in the matter.

Mahmud Mohammed, JSC (as he then was), later CJN presided over the Other members of the Panel were: Walter Samuel Nkanu Onnoghen, JSC (as he then was, now CJN), Francis Fedode Tabai, JSC, Ibrahim Tanko Muhammad, JSC and Christopher Michell Chukwumah-Eneh, JSC. Accordingly, the Hon. Justice

W.S.N. Onnoghen was only one out of the 5 member Panel of the Supreme Court.

It is thus, malicious to link the appearance of Joe Agi, SAN before the Supreme Court in the above matter to any purported gift to one of the Justices who sat on the Panel.
In his evidence in Chief on 20thMarch 2019, Joe Agi, SAN informed this Honourable Committee that the car issue happened in 2008 and that His Lordship ordered for the car and paid for it by The referenced case was in December 2010. Joe Agi, SAN also stated that the car was neither a bribe nor a gift but was purchased by His Lordship. He stated that he was the one that informed the EFCC voluntarily about the car His Lordship bought through his U.S Company which has a car dealership licence in the United States so to illustrate his long standing relationship with His Lordship. Surprisingly, the EFCC then turned around to label it as a bribe.
This Honourable Committee will observe that there is nothing before the Panel to show that the car was a bribe to His Lordship and was in any way connected to the case.
Under cross examination, Harry Erin, an operative of the EFCC who testified on behalf of the prosecution as PW7 admitted: ‘I see Exhibit P10. There is nowhere in Exhibit 10 where it was stated the Respondent compromised himself with any matter or case before him. There is no where it is stated in the petition that the Respondent received bribe. I never said any of the Senior Advocates of Nigeria offered the Respondent bribe.
Regarding the car, PW7 stated in his examination-In-Chief: ‘According to the bank, N700,000 was paid by the Respondent to Joe Agi after 4 years. Joe Agi said some of the payments were made in cash.’
Thus, PW7 agreed he found some consideration from the Respondent to Joe Agi, SAN as part payment thereby confirming the position of both Joe Agi, SAN and the Respondent that the car was paid for instalmentally by the Respondent.
It is respectfully submitted, that the allegations in paragraphs 1 and 11 of the second petition dated 5th March 2019 by the petitioner be dismissed, having been fully heard and found baseless.
On a separate score, it should be noted that the complaint on the car is coming to the National judicial Council in 2019, after 10 (ten) years contrary to Rule 11(1) & (2) of the National Judicial Council’s Judicial Discipline Regulations of 29th June It should also be dismissed on this separate score. However, as earlier stated, the Respondent proffered detailed explanations while the allegations from the evidence before the Panel, are baseless and malicious.
6.1 Alleged Receipt of Pecuniary Gifts

In paragraph (iii) at page 2 of its second petition dated 5thMarch 2019, the petitioner alleged that His Lordship received pecuniary gifts from the following and on the following

S/N NAME AMOUNT DATE
1 OGUNSANYA ADEWUNMI N250,000 22/5/15
2 PAUL USORO (SAN) N350,000 22/4/15
3 EMEKA ETIABA (SAN) N250,000 19/5/15
4 ONYECHI IKPEAZU (SAN) N300,00 19/5/15
5 EZE DURU IHEOMA SAN N100,000 6/03/15
In his evidence-In-Chief, the Respondent explained that the gifts were made at a time of the marriage ceremony of his first daughter, Oremini Nkanu Onnoghen who got married sometime in It was not solicited and remains a part and parcel of the customs and traditions of the people. His Lordship tendered a copy of the wedding invitation which was admitted in evidence without objection by the petitioner as Exhibit R9.
The Panel will observe that all the gifts of N250,000, N350,000, N250,000, N300,000 and N100,000 respectively were made within the period of the wedding shown in exhibit From the evidence of the petitioner/prosecution itself, there were no other payments made by those persons or by any other lawyer into the account of the Respondent prior to or after the said period of the wedding of the daughter.
Accordingly, no misconduct can be seen or inferred from the unsolicited customary gifts said to be given to His It had nothing to do with the discharge of his duties as a judicial offer. By Rule 13.5(2) of the Revised Code of Conduct For Judicial officers (Published February, 2016) a judicial office is permitted to accept – (i) Personal gifts or benefits from relatives or personal friends to such extent and on such occasions as are recognized by custom
The statements of three of the persons alleged to have given the gifts which they made to the EFCC are before this Nothing in them show that the gifts were meant to bribe or induce His Lordship in the performance of his duties as a judicial officer. Nothing before this Committee contradicted the statements. It ought to be accepted as the true facts.
7.1 Alleged Linkage of the Gifts to Cases Before the Supreme Court

Research and common sense show that the allegations made by the petitioner linking the gifts to cases before the Supreme Court are baseless.
During his cross examination of His Lordship on 26th March 2019 at about 45 p.m, learned counsel for the petitioner claimed that in SC 457/2016, Dr. Onyechi Ikpeazu, SAN appeared before the Supreme Court in a Panel where the Hon. Justice W.S.N. Onnoghen was a member of the Panel and therefore the gift of N300,000 by Onyechi Ikpeazu, SAN must have been to influence His Lordship in that case.
SC/457/2016 is reported in [2017] 11 NWLR (part 1575) This is the case of Metuh V FGN & Anor.
The list of Honourable Justices who sat on the Panel regarding 457/2016 is reproduced at p.157 of the law report. The Honourable Justices were: Musa Dattijo Muhammad, JSC (Presided), Clara Bata Ogunbiyi, JSC, Kudirat Motonmori O. Kekere-Ekun, JSC, Ejembi Eko, JSC and Sidi Dauda Bage, JSC.
Contrary to the allegation by the EFCC/petitioner, the Mr. Justice W.S.N. Onnoghen was not in the Panel. For this reason, the defence specifically submits that the linkage of the Hon. Justice W.S.N. Onnoghen to this manner is a desperate attempt by the petitioner to destroy His Lordship’s hard earned years of selfless service to the nation and to mankind.
As evident from pages 168 and 179-186 of the law report, although Onyechi Ikpeazu, SAN and Emeka Etiaba, SAN appeared for the Appellant/Applicant in the case, they lost the appeal/application before the Supreme Court.
Could Onyechi Ikpeazu, SAN and Emeka Etiaba, SAN have given a gift of N300,000 and N250,000 respectively in 2015 to 5 (five) Supreme Court Justices though one of the Justices (Hon. Justice W.S.N. Onnoghen) who was not in the Panel to enable them loose a case before the Supreme Court in 2017 (two years thereafter)? The answer is an obvious No!
As evident from facts before the Committee, the Supreme Court delivered its ruling on 9thJune 2017 while the customary wedding gifts arose in Clearly, there is no nexus between the two. For ease of reference, the defence has forwarded to the Committee a copy of the law report.
7.9 Another case which the learned counsel for the Petitioner linked to the gifts by Paul Usoro, SAN was SC.27/2010. Research shows that the case is reported as [2011] 8 N.W.L.R. (pt 1248) 321. It is the case of Attorney-General, Rivers State V AG, Akwa Ibom & Anor.

The members of the Panel were: Aloysius Katsina-Alu, CJN who presided and read the leading Judgment, Walter Samuel Nkanu Onnoghen, JSC, Ibrahim Tanko Muhammad JSC, John Afolabi Fabiyi, JSC, Olufunlola O. Adekeye, JSC, Suleiman Galadima, JSC and Bode Rhodes Vivour, JSC.
The Supreme Court is not a one man In this case, a full Panel of 7 Honourable Justices sat on the matter.The plaintiff invoked the original jurisdiction of the Supreme Court.
The judgment of the Supreme Court was delivered on Friday 18thMarch 2011 while the issue of the customary gifts by Paul Usoro, SAN came up in 2015, 4 years thereafter
As evident in pages 78, 114-218, Paul Usoro, SAN appeared along with 7 other counsel for the first The first defendant who Paul Usoro, SAN appeared for lost the case. Judgment was given in favour of the plaintiff.
Thus, the claim of the petitioner linking the customary gift of Paul Usoro, SAN to a member of the Panel of 7 Justices is in conflict with common Could Paul Usoro, SAN have given a gift of N300,000 to 7 Supreme Court Justices through one of the Justices in 2015 due to a case he lost before the Supreme Court 4 years earlier.
The answer is an obvious No!! Those allegations ought to be For ease of reference, the defence has forwarded to the Panel a copy of the law report.
8.1 ALLEGATION OF RECEIVING ESTACODES IN US DOLLARS –

Paragraphs vi, vii and viii of the second petition dated 5th March 219 alleged that His Lordship received the cash payments in S Dollars from the Supreme Court in excess of the threshold authorized by law. The figures were given at pages 4 and 5 of the petition to as follows:
S/N DATE AMOUNT $
1 17/03/2017 27,000.00
2 30/03/2017 21,000.00
3 21/04/2017 24,000.00
4 9/06/2017 27,000.00
5 24/07/2017 36,000.00
6 29/09/2017 26,000.00
7 9/09/2017 30,000.00
8 31/10/2017 33,000.00


S/N DATE AMOUNT $
1 26/03/2018 23,000.00
2 5/06/2018 20,000.00
3 4/07/2018 26,000.00
4 9/07/2018 36,000.00
5 4/08/2018 32,000.00
6 2/02/2018 35,000.00
7 18/09/2018 23,000.00
8 07/12/2018 26,000.00
9 07/12/2018 32,000.00
At the hearing of the petition R1, the Director of Finance of the Supreme Court in his examination-In-Chief gave the following evidence which was not neither contradicted nor controverted in any way by the petitioner: ‘I am familiar with the practice of the CJN and Hon. Justices going on any official engagement outside the country or even a local travel. The CJN will give the nomination to the C.R. The C.R will be given the travel documents to process and the C.R will then approve the processing. The C.R. sends the approval to the Accounts to pay. Account will calculate the DTA. If it is outside the country, accounts will calculate the Estacodes. Vouchers will be prepared and sent to the cash office. Cash office will issue mandates. Then the forex will be sourced. When the process is completed, the Head of Estacodes together with the cashier will go to the Justice concerned and pay him the cash. The Justice will sign for the cash. We will take the cash in the currency to the Justice to sign. It is paid in foreign currency. It includes the CJN. He signs also. There is a register kept in the Supreme Court for that purpose where all Justices, including the CJN sign. Account does not determine the amount of the estacode. There is a circular we follow. The CJN does not determine how much he takes. There is a circular stating the amount payable to Justices by the Supreme Court. It was signed by the Hon. Justice Lejbo Kutigi… tha t is the pr a ctice I met at the Supreme Court. The practice of signing to collect cash did not start with the Hon. Justice Onnoghen.
The above uncontradicted evidence of the Director of Finance of the Supreme Court answers the allegation in paragraph vi and viii (pages 4 and 5) of the petition dated 5thMarch Receiving estacodes by cash is a practice, a convention of the Supreme Court which did not start with the Hon. Justice W.S.N. Onnoghen, CJN and applies to all Honourable Justices and other staff of the Supreme Court. Accordingly, those allegations are devoid of any misconduct in the performance of His Lordship’s judicial functions. The same applies to all Honourable Justices and all retired Justices and Chief Justices. Those allegations ought to be dismissed.

WRITTEN ADDRESS SUBMITTED BY THE COUNSEL TO THE RESPONDENT AS OBTAINED BY THECABLE
Introduction

The Economic and Financial Crimes Commission sent two (2) petitions to the Chairman, National Judicial Council through the office of the Chief Justice of Nigeria against The Justice Walter Samuel Nkanu Onnoghen, GCON, Chief Justice of Nigeria.

The first petition is dated 4th February, 2019 vide reference EFCC/EC/GC/31/2253 while the second petition is dated 5thMarch 2019 vide reference EFCC/EC/CJN/05/59.

The petition was forwarded to the Chief Justice of Nigeria by the National Judicial Council vide a memo dated 11thFebruary 2019 reference NJC/F1/SC.3/1/570 following the 17th Emergency meeting of the Council held the same 11th February 2019.

By a response dated 19thFebruary 2019, vide reference CJN/WSN0/28/Vol.1/54, the Justice Walter S.N. Onnoghen, GCON, the Chief Justice of Nigeria reacted to the first petition.

Similarly, by a response dated 11th March 2019 vide reference CJN/WSN0/28/Vol.1/83, His Lordship reacted to the further This written address covers the petitions and is in support of the Respondent’s position that the petitions dated 4thFebruary 2019 and 5th March 2019 are without merit and ought to be dismissed.

2.1 Statement of Facts

Having commenced hearing on 14th March 2019, the prosecution called 7 (seven) prosecution witnesses while the defence called three (3) witnesses including His Lordship, the Honourable Chief Justice of Nigeria. Hearing ended on Tuesday 26th March 2019. The Honourable Committee directed the learned Counsel for both the Prosecution and the Defence to file written addresses and serve each other as well as the Committee. This is the written address on behalf of the Respondent.

EXCLUSIVE: I never took a bribe, Onnoghen defends himself before NJC (full text)


Walter Onnoghen, the suspended chief justice of Nigeria (CJN), has denied all allegations levelled against him by the Economic and Financial Crimes Commission (EFCC) before the National Judicial Council (NJC).

EFCC accused him of “financial impropriety, infidelity to the constitution and other economic and financial crimes related laws” and asked that he be punished accordingly.

This case is different from the one before the Code of Conduct Tribunal.

If the NJC upholds the allegations, Onnoghen could be removed as CJN and asked to face criminal trial.

Responding to EFCC’s petition, Onnoghen’s lawyers, R.A. Lawal-Rabana, Okon Nkanu Efut, J.U.K. Igwe, George Ibrahim, Victoria Agi, Orji Ude Ekumankama, Opeyemi Origunloye, and Temitayo Fiki, dismissed all the allegations.

In their detailed response, Onnoghen’s lawyers denied all allegations of bribery and corruption.

https://www.thecable.ng/exclusive-i-never-took-a-bribe-onnoghen-defends-himself-before-njc-full-text/amp

This is a statement as it is from NJC panel

seunprodigy13:
just like the dancing senator..ur illiteracy is legendary

Ta lo gunyan fun he toni tobe o soro

APC zombies una continue hooo.

Una eyes go soon clear las las

Johnnyessence:
Egbon engineerboat, that's their political gimmicks . Apc has loose this battle already. Distinguished senator Ademola Adeleke will be victorious in the appeal court and Supreme Court. The evidence is there for everyone to see.

APC are not serious.

Juncketting from court to court about.

No wonder their house is in disarray

Afamed:
When did any Appeal Court make any pronouncement nullifying Omo Agege primary election? Truly PDP e wailers are propagandists

The court said the plaintiffs could not claim to be unaware of the case, and as such they could not seek to be joined or challenge the judgement at this moment

deomelo:
Rubbish.


He tendered forged result to INEC. PERIOD..

Typicall APC BMC


Press Statement

Ademola Adeleke: Flawed Bwari Judgement Won't Stand


We receive with shock and bewilderment the judgement of a Bwari High Court on the propriety of the statement of results of Senator Ademola Adeleke as a contestant for the governorship of Osun state.The judgement delivered today subverted justice by ignoring four critical evidence to rule against validated facts and submissions.

While we are set to appeal the judgement ,we also find it compelling to put the records straight by listing out the fatal flaws in the ruling and why it cannot stand before a superior court.

It would be recalled first of all that the matter in question has been addressed by two High Courts ruling ,affirming that in the face of the constitution,Senator
Ademola Adeleke is qualified to run for the governorship. The two rulings delivered in September 2018 held that Senator Adeleke satisfied requirement of the law to contest for office.It is trite in law that once a court of coordinate jurisdiction has ruled on a matter ,court of similar jurisdiction cannot entertain it.Shockingly,the Bwari judge breached this precept to subvert justice.

Secondly ,we want to note that the judge erred in law by failing to take note of the expiration of 180 days for ruling on pre-election matters.Even when a December 2018 judgement with respect to the issue was presented, the judge ignored it. We note that the judge violated the law by adjudicating over a matter whose filing and hearing period has expired.

Thirdly,the West African Examination Council was also summoned by the court at the instance of the plaintiff to present evidence of facts.The council produced the listing of all students who sat for the May/June examination in 1981 alongside the Senator.The Council produced certified true copies of school results.

The Council produced evidence which proved that Senator Ademola Adeleke was indeed educated up to secondary school level as stipulated by law and therefore qualified to run for the governorship, the judge still went ahead to rule otherwise.The WAEC at no point denounced the secondary school qualification of Senator Adeleke.The only statutory body empowered by law to determine authenticity of a secondary results is the West African Examination Council.The Council not only witnessed in support of Senator Adeleke but also presented certified true copies of his school results.What other evidence the judge needs to rule in favour of the Senator is not clear.

Fourthly, the plaintif shocked by WAEC testimony, again filed request that the court compelled the school principal to appear in court to produce evidence of facts as well as to confirm the authenticity of the statement of results. The principal appeared and confirmed that the statement was a product of the school and that any error on the statement was that of the school ,not that of Senator Adeleke.The school did not at any point disowned the statement of results .The school owned up to the error which was not about forgery but alleged false information.

From the foregoing ,we affirm that today's judgement of the Bwari court is a travesty of justice, a purchased ruling designed to negatively affect the outcome of Osun governorship legal tussle.We declare unequivocally that the ruling being so glaringly against tested facts and the law cannot stand.It is also clear that the ruling cannot in anyway stop the reality that Ademola Adeleke fulfilled constitutional requirements to stand for the governorship as confirmed by the WAEC,the school principal and previous judgements on the matter.

We appeal to our numerous supporters and good people of Osun state to remain calm
This is another failed bid in the efforts of detractors to stop the realisation of Peoples mandate.We are marching ahead as before the law,our candidate, Ademola Adeleke is qualified to seek the governorship and before people and God ,he is the governor elect of Osun state.

Signed

Ademola Adeleke Campaign Organisation.

Hotfreezer:
PDP has stolen the money for this one's education. See his grammar like dance steps of a blind cripple.

Press Statement

Ademola Adeleke: Flawed Bwari Judgement Won't Stand


We receive with shock and bewilderment the judgement of a Bwari High Court on the propriety of the statement of results of Senator Ademola Adeleke as a contestant for the governorship of Osun state.The judgement delivered today subverted justice by ignoring four critical evidence to rule against validated facts and submissions.

While we are set to appeal the judgement ,we also find it compelling to put the records straight by listing out the fatal flaws in the ruling and why it cannot stand before a superior court.

It would be recalled first of all that the matter in question has been addressed by two High Courts ruling ,affirming that in the face of the constitution,Senator
Ademola Adeleke is qualified to run for the governorship. The two rulings delivered in September 2018 held that Senator Adeleke satisfied requirement of the law to contest for office.It is trite in law that once a court of coordinate jurisdiction has ruled on a matter ,court of similar jurisdiction cannot entertain it.Shockingly,the Bwari judge breached this precept to subvert justice.

Secondly ,we want to note that the judge erred in law by failing to take note of the expiration of 180 days for ruling on pre-election matters.Even when a December 2018 judgement with respect to the issue was presented, the judge ignored it. We note that the judge violated the law by adjudicating over a matter whose filing and hearing period has expired.

Thirdly,the West African Examination Council was also summoned by the court at the instance of the plaintiff to present evidence of facts.The council produced the listing of all students who sat for the May/June examination in 1981 alongside the Senator.The Council produced certified true copies of school results.

The Council produced evidence which proved that Senator Ademola Adeleke was indeed educated up to secondary school level as stipulated by law and therefore qualified to run for the governorship, the judge still went ahead to rule otherwise.The WAEC at no point denounced the secondary school qualification of Senator Adeleke.The only statutory body empowered by law to determine authenticity of a secondary results is the West African Examination Council.The Council not only witnessed in support of Senator Adeleke but also presented certified true copies of his school results.What other evidence the judge needs to rule in favour of the Senator is not clear.

Fourthly, the plaintif shocked by WAEC testimony, again filed request that the court compelled the school principal to appear in court to produce evidence of facts as well as to confirm the authenticity of the statement of results. The principal appeared and confirmed that the statement was a product of the school and that any error on the statement was that of the school ,not that of Senator Adeleke.The school did not at any point disowned the statement of results .The school owned up to the error which was not about forgery but alleged false information.

From the foregoing ,we affirm that today's judgement of the Bwari court is a travesty of justice, a purchased ruling designed to negatively affect the outcome of Osun governorship legal tussle.We declare unequivocally that the ruling being so glaringly against tested facts and the law cannot stand.It is also clear that the ruling cannot in anyway stop the reality that Ademola Adeleke fulfilled constitutional requirements to stand for the governorship as confirmed by the WAEC,the school principal and previous judgements on the matter.

We appeal to our numerous supporters and good people of Osun state to remain calm
This is another failed bid in the efforts of detractors to stop the realisation of Peoples mandate.We are marching ahead as before the law,our candidate, Ademola Adeleke is qualified to seek the governorship and before people and God ,he is the governor elect of Osun state.

Signed

Ademola Adeleke Campaign Organisation.

Hotfreezer:
Guy, try to connect your brain with your fingers before typing.

Stop thinking with your Anus then

APC clogging to the straw

Question for my APC friends

Why didn't they appeal that case last year's.

Jumping form court to court


No wonder APC is in mess today.

Always jumping from court to court

So APC should look elsewhere

For record.

In court to testify

1. WAEC

2. School principal with CTC of adeleke result.

Breaking: WAEC confirms Adeleke wrote his exams in 1981

The West African Examination Council, WAEC, Wednesday confirmed that the embattled Senator Ademola Adeleke who was accused of not having its certificate actually wrote his WAEC exams in 1981.


In a report published by Thecable, the council confirmed Adeleke’s participation in an affidavit deposed at an FCT high court in Bwari, Abuja.

In the affidavit sworn to by Henry Sunday Adewunmi Osindeinde, deputy registrar, head of school examination department, WAEC confirmed Adeleke sat for the May/April 1981 at Ede Muslim High School in Osun state.

Recall that the dancing senator Adeleke who is also the Osun state PDP gubernatorial candidate was not only accused of not having his West African School Certificate but also did not graduate from Jacksonville State University (JSU) in the United States by icirnigeria.org, Rasheed Olabayo and Oluwaseun Idowu respectively.

In view of that, policemen from Force Criminal Investigation Department (FCID), Alagbon, Lagos in August 2, started an investigation and stormed Ede Muslim High School I, where the principal of the school, Mr. Khalid Abbas, was arrested and taken to the State Criminal Investigation Department (SCID) Osogbo.

In a bid to maintain the democratic principle and rule of law, Court therefore gave WAEC five days to produce Adeleke’s results.

The court, in a ruling that was delivered by Justice Othman Musa, directed that WAEC should depose an affidavit, to either deny or confirm that Adeleke who is currently representing Osun West Senatorial District, sat for the Exams the Council conducted at Ede Muslim High School in Ede, Osun State, in 1981.

WAEC today however, confirmed that Adeleke sat for its examination.


https://www.vanguardngr.com/2018/09/breaking-waec-confirms-adeleke-wrote-his-exams-in-1981/amp/

Looming Disaster!

This building is located at Police/Mopol Baracks, behind Harbour road in the old Port Harcourt township. By mere physical inspection, the structural members of the building are nothing to right home about.

Our findings revealed that, over 300 policemen and their families live in this building.

We call the attention of Federal Government, River State Government, Nigerian Police Force and other concerned MDAs.

Signed:

Concern citizens

The Independent National Electoral Commission (INEC) has ruled out the conduct of fresh governorship and House of Assembly elections in Rivers State.

This is as the governorship candidate of the African Action Congress (AAC), Biokpomabo Awara, walked out of the stakeholders’ meeting organised by INEC to continue the suspended March 9 elections in the state.

The meeting, which held at an event centre, located along Eastern Bye-Pass, Port Harcourt, was boycotted by the Social Democratic Party (SDP) and the Labour Party (LP).

Speaking at the meeting, INEC National Commissioner in-charge of Bayelsa, Rivers and Edo States, May Agbamuche-Mbu, emphasised that a fresh election would not be conducted in the state.

Agbamuche-Mbu, who stated that the commission would resume collation in Rivers State on April 2, 2019, said the objective of the meeting is to brief stakeholders on the activities and schedule of the collation by the electoral body.

In his remarks at the meeting, Rivers State governor, Nyesom Ezenwo Wike, who dismissed insinuations that the state is prone to violence, advocated the non involvement of the military during elections to guarantee free, fair, credible and peaceful elections in the country.

Wike urged the commission to publish the list of security personnel that would be stationed at the collation centre to avoid disruption of the process.

Also in his remarks, the state commissioner of police, Usman Balel, who assured that the police is committed to providing adequate security for the people, called on stakeholders to embrace peace and accept the outcome of the process .

Earlier in his welcome remarks, INEC Administrative Secretary in the state, Etim Umoh, said the commission is in possession of collated results of the March 9 election from 17 local government areas in the state.

Umoh listed the local government areas to include; Ahoada-East, Akuku-Toru, Bonny, Obio-Akpor, Ogba-Egbema-Ndoni, Opobo/Nkoro, Ogu/Bolo, Ikwerre, Emohua, Okrika, Oyigbo, Eleme, Andoni, Omuma, Tai, Etche and Port Harcourt City.

He said collation of results would take place in six local government areas, including: Abua-Odual, Asari-Toru, Gokana, Ahoada-West, Khana and Degema.

The administrative secretary, who stated that the issue before INEC is collation of results, explained that before the suspension, some local government areas had already started collection.

Insisting that it is the duty of INEC to call erring staff to order, Umoh noted that it is on this premise the process was suspended.

He stated that the collation would hold at INEC headquarters in Port Harcourt between April 2 and April 5, while warning that only names of agents already submitted would be accepted.

https://www.leadership.ng/2019/03/31/inec-rules-out-fresh-guber-polls-in-rivers/

HalepSimon:
Engineercanoe how market?

That you are an uncultured child

CCT Chairman to lead defense counsel - the defendant should come on Monday

CCT Chairman - the exhibits presented are weighty enough for the defendant to enter into a defense

Lead defense counsel - my Lord, Monday will not be convenient. Stop oppressing please

CCT Chairman - the ruling of the tribunal is for the defendant to come on Monday for his defense

CCT Chairman - the defendant wrote a statement without duress that he forgot to include the 5 accounts he has with standard Chartered bank.

CCT Chairman - the present Board of CCB chaired by Prof. Isa Muhammad did not adopt the standard operational procedure because it is not in national interest

HalepSimon:
[s][/s]

Watery! You can only investigate a charge of false Declaration. In this case, he never declared any. What do you expect the CCB to investigate?

The prosecution can only provide evidence that he didn't declare the assets linked to him, which to the best of my knowledge, they have discharged by tendering the documents and calling the bank staff as witness.

This shows you know next to nothing about this case

HalepSimon:
But that is, what he is being charged for? Have you seen the charge sheet?

You don't prosecute by just hearsay

Why didn't FG bring the faceless petitioner to CCT

Y9ur gues is as good as mine

Lead defense counsel - I want to thank the registry for the record of the proceedings. We received the record on Tuesday and filed our submission on Wednesday

- the defendant filed a written address on 27/3/2019. I adopt this address and pray my Lord that the defendant be discharged and acquitted

- the Code of Conduct Bureau disregarded, and failed to comply with the standard procedure of Code of Conduct


the procedure laid out in paragraph 7 of the standard procedure was not followed by the Code of Conduct Bureau

- there was no investigation of the petition. There was no findings. There was no legal opinion with respect to the standard procedure of CDB


- where there is no investigation, there cannot be a prosecution. The prosecution is putting the cart before the horse.



- the CCB did not comply with the provisions of the law. The totality of the prosecution is void.


- the faceless petitioner was not brought before your lordship. The petition lacks judicial attention.



- is it not a shame to bring the CJN to CCT without proper investigation? The petitioner ought to have been brought before your lordship


- the Supreme Court affirmed your wisdom on the judgment of FGN. Vs Saraki not to prosecute on hear say evidence. I pray my Lord to to continue on that.



- there is no affidavit that identified the bank statements and the manner in which it was produced

- PW 1,2 4 has shown that CCB has not substantially followed it's own law.


- my Lord the defendant has no case to answer.

While waiting for 1:30pm judgement

Here is the summary of no case submission of Onnoghen

BREAKING: Tribunal To Decide Whether Or Not Onnoghen Defends Charges

The Code of Conduct Tribunal (CCT) has scheduled ruling for 1.30pm on Friday in the no-case submission made by suspended Chief Justice of Nigeria (CJN), Justice Wanter Onnoghen.

Onnoghen is being tried for non-declaration of asset, in a six-count charge instituted by the Code of Conduct Bureau (CCB).

CCT Chairman, Danladi Umar announced, after taking arguments from parties this morning, in relation to the no-case-submission, announced that ruling would be delivered this afternoon.


Adegboyega Awomolo (SAN) who argued for Onnoghen, urged the tribunal to discharge and acquit his client on the grounds that the prosecution was unable to establish a prima facie case against him.

Awomolo faulted the entire evidence led by the prosecution and exhibits tendered and urged the tribunal to hold that it is not worth it calling on Onoghen to defend himself.

He said the entire proceedings have become a nullity because the process leading to the commencement of the trial did not comply with the procedure provided for in the CCB’s Standard Operating Procedure (SOP) 2017.

Prosecution lawyer, Aliyu Umar offered a counter-argument and urged the tribunal to reject Onnoghen’s no-case-submission and order him to enter defence.

Umar said the prosecution’s case was simple and relates mainly to the defendants failure to declare his assets.

He said; “We are not accusing him of having $300m in his accounts. What we are saying is that he failed to declare his assets on his appointment as Justice of Supreme Court and that he operated domiciliary accounts since 2009 and 2010 without declaring them.”



https://www.thenationonlineng.net/breaking-tribunal-to-decide-whether-or-not-onnoghen-defends-charges/amp/

ovieigho:
Omo this guy hired Wole Olanipekun
I'm scared for Davido's uncle ...
Wole is a brilliant advocate ,btw why is this incumbent with a stolen mandate allowed to sit atop a state Wealth?

Woke should have won at the lower tribunal why