₦airaland Forum

The Onnoghen Saga: The Tale Of A CJN That Must Be Axed At All Cost!

I have been following the mind-boggling nepotism, favouritism, and extreme tribalism that had pervaded almost all spheres in this "10 steps forward and 50 steps backward" government of Buhari with rapt attention since 2015! However, what caught my attention most was the way and manner the Chief Justice of Nigeria (CJN), Chief Walter Onnoghen (SAN), 68, from Okurike town, Biase Local Government of Cross River State was unceremoniously "axed" after putting over 40 years of meritorious services in the legal profession to his Fatherland in a manner best described as controversial by the presidency.

First thing first, let's examine the genesis of the whole drama. The former and retired Chief Justice of Nigeria, Justice Mahmud Mohammed had just attained the retirement age of 70 years on November 10th, 2016 and it's time to swear in a new CJN. The truth is before the retirement age of Justice Mahmud, a new candidate who is expected to be the next most senior after the outgoing Justice ought to take charge as the substantive CJN. Unfortunately, in Onnoghen's case it was not meant to be. Why? He was "never wanted" in the first place. It was openly rumoured shortly before the retirement of Justice Mahmud Mohammed that a particular Justice (whose name was not disclosed) of the Apex Court had consistently argued that he ought to succeed Mohammed, on the grounds that he got to the Court of Appeal before Onnoghen. That was why when Onnoghen was inaugurated as "acting CJN" on November 10th, 2016, it took great efforts from concerned stakeholders, traditional rulers, politicians, religious leaders and human right activists to move the presidency to send his name to the Senate for confirmation on February 8th, 2017 (about 3 months after his inauguration in acting capacity). He was confirmed by the Senate on March 1, 2017 and eventually made the substantive position as CJN on March 7th, 2017 by the President (after 4 months in acting capacity).

The journey of Onnoghen's delay and intrigues over his transition from acting CJN to confirmation and eventual inauguration as the substantive CJN are arguably, unrivalled in the history of succession at the Apex Court and was said to have polarised the judiciary, particularly the Supreme Court, on account of the fact that some justices of the Apex Court preferred "somebody else". The politics that will eventually played out started from the executive arm on January 10, 2019. It was the visitation of officials of the Code of Conduct Bureau (CCB) a member of the Federal Executive Body, created by Executive fiat under section (153) of the Nigerian Constitution. They came with a petition filed against Onnoghen from a group, the Anti Corruption and Research - Based Data Initiative (ACRBDI) led by Dennis Aghanya, dated January 7th, 2019 but submitted to the CCB on January 9th, 2019. This group raised sundry allegations against Onnoghen, including that he owns many "accounts primarily funded through cash deposits made by himself up to as recently as 10th August, 2016 which appear to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials."

The questions to ponder on are:
(1) Who gave this group such a deep revelation contrary to what Onnoghen had already submitted to CCB?

(2) How did this group know about Onnoghen's "many private accounts" funded as recently as 10th August, 2016?

(3) How come this group suddenly surfaced when election was about to take place?

(4) Who was Mr Dennis Aghanya before now and how was his group, Anti Corruption and Research Based Data Initiative (ACRBDI) funded?

Checking through these questions, it is very certain that some forces within the judiciary and executive arm of government are behind Onnoghen's travails and want to make sure he is removed as CJN at all cost!

Consequently, on seeing the magnitude of these allegations and his strong belief in being within the ambit of the law, Onnoghen  in his statement to these allegations to the visiting CCB officials, admitted excluding his five domiciliary bank accounts in Standard Chartered Bank, which the petitioners (ACRBDI) alluded to in Onnoghen's assets declaration form of 2014! By admitting the omission, Onnoghen by law guiding the CCB is expected to enjoy a provision according to the Code of Conduct and Tribunal Act that "provides an opportunity for the correction of any omission in a submitted assets declaration form." It was also expected that the Judiciary (especially the Supreme Court and Court of Appeal) will insist on due process which is, the National Judicial Council (NJC), another member of the Federal Executive Body, should be the proper channel to entertain this case and not the CCT, knowing fully well that the CCT with its capacity lacks the jurisdiction to ensure justice because it is directly under the control of the Secretary to the Government of the Federation (SGF) and besides, it's Chairman, Danladi Umar, had a corruption case still dangling on his head yet to be resolved now sitting as judge to dish out judgment. To push this further, on January 14, 2019 Wole Olanipekun (SAN), the then pioneer head of Onnoghen's legal team, which included former Minister of Justice and Attorney General of the Federation (AGF), Kanu Agabi (SAN), had protested that the Tribunal (CCT) lacked the jurisdiction to countenance the six-count charge  filed by CCB against Onnoghen, despite the stance of these legal luminaries, Danladi Umar, Chairman of CCT still stubbornly held over the case. A flagrant abuse of our law and travesty of justice in the making. In a swift reaction, on January 23rd, 2019 the Tribunal heard the prosecution's (FG and ACRBDI) ex-parte application which compels the President to suspend Onnoghen from office pending the conclusion of his trial. Owing to this hurried trial, on 25th January, 2019 the President, Muhammadu Buhari, as expected from observers in the whole drama, unilaterally suspended the CJN, Onnoghen (which is contrary to the law of the land on how the CJN can be suspended) and inaugurate the next most senior Justice of the Supreme Court, Ibrahim Tanko Muhammad as Acting CJN. 

As a mark of conspiracy in Onnoghen's case, his pending applications submitted at the Court of Appeal for stay of proceedings on his "six-count charges" at the CCT, pending the determination of his appeal was suddenly struck out on January 30th, 2019 by the Court of Appeal when it gave its ruling rejecting Onnoghen's motion for stay of proceedings at the CCT. It was this costly decision at the Court of Appeal that suddenly made the CCT Chairman, Danladi Umar to become erratic, impatient and intolerant towards the defendant (Onnoghen). Despite Onnoghen's plea before Umar (CCT Chairman) that his pending applications be first decided one way or the other before his arraignment, the CCT Chairman on February 13th, 2019 issued an arrest warrant to compel the defendant's appearance before the tribunal. At this juncture the embattled CJN had no choice but to succumb to the pressure when on February 15th, he voluntarily submitted himself to the tribunal and he was immediately arraigned during which he pleaded not guilty to the six-count charge. The attitude of Danladi Umar towards the defendant's team made Wole Olanipekun (SAN) and Kanu Agabi (SAN) to cease from appearing from Onnoghen till when he was controversially removed as CJN in April.

The shocking revelation of the high-handedness of the executive arm was displayed glaringly when on March 29th, 2019 Adegboyega Awomolo (SAN) who led the team of lawyers for Onnoghen on this said day accused the CCT chairman of oppressing the defendant and his lawyers. The day was actually set for the no-case ruling as it affects the defendant's stance at the conclusion of the prosecution's case (closing its case against the defendant by the prosecution team). First thing first, let's understand what does ‘closing a case’ really mean?: "In this context, closing a case means that the government has finished tendering all the evidence and all the witnesses it has up its sleeves against Onnoghen. This means that it is now left for the defense to tender counter evidence and the court to rule in the case. Closing a case does not translate to ‘withdrawing the case’ or terminating the charges against the accused person."

After reading the ruling, Umar refused the no-case submission of Onnoghen and his legal team. At this juncture let's also explore what "a no-case submission" means and entails: "When a no case submission is made, it basically means that the defendant is asking the court for an acquittal without it having to present a defense. The defendant is literally saying to the court that there is no case to answer, that is, the prosecution has not sufficiently proven the legal threshold to establish the commission of a crime in the court of law." Umar ordered the defendant to "enter his defence if he has any", to address this posture of Danladi Umar, the lead counsel of Onnoghen's legal team, Awomolo (SAN), stood up to speak but was interjected by Umar, insisting that he must address the tribunal members as "my lord" as it is done in the regular courts. 

When Awomolo was allowed to address the tribunal, Awomolo pleaded that the defendant be allowed up to two weeks (which is reasonable) to enable him sufficiently prepare his defense. At this juncture, even the prosecution (FG and ACRBDI) lawyer, Aliyu Umar (SAN) did not object to Awomolo's proposal, it was the CCT Chairman, Danladi Umar, who interjected and insisted that the defendant must open his defense on April 1, 2019 (3 days later), in an open display of aberration and contempt of law from the head of a law court who is supposed to uphold tenets of the law at all times. Awomolo reacted, he rose to speak but Umar ignored him and arrogantly pronounced an adjournment to April 1, and out of frustration, Awomolo told Umar to his face saying, "Stop oppressing us. This is not justice"! Awomolo was still standing while saying this when Umar, stood up and announced again arrogantly that proceedings have been adjourned till April 1, 2019 and walked away leaving the two other members of the tribunal to scamper after him like a child left behind by his fast-paced father. While this disgraceful act by Umar was going on, the defense legal team shouted in protest saying, "This is not how to do justice"! Later on, a dejected Awomolo who was greatly taken aback by the shameful conduct of Danladi Umar said, "if this is justice, then God bless Nigeria" a statement he repeated 4 times before taking his leave from the tribunal. 

It must be noted that not even the National Judicial Council (NJC) had any case against Onnoghen. On April 3rd, 2019 the NJC announced that "it never considered the false asset declaration against Onnoghen". According to it's spokesman, Soji Oye, he said, "the NJC decided that the allegations relating to false assets declaration that were levelled against Hon. Mr Justice W.S.N Onnoghen, GCON were subjudice and therefore abstained from considering them". It added, "Council reached a decision on the petitions written by Economic and Financial Crimes Commission (EFCC) and others and conveyed its decision to President Muhammadu Buhari GCFR, council also resolved to that by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Mr President." The bone of contention here is, why was the Judiciary, Onnoghen's constituency suddenly went mute when he needed them most especially in the wrong notion of CCT's dominance in entertaining the case the NJC ought to entertain? Another one, why would the Court of Appeal not stop the CCT from going on with the six-count charges brought before it by the FG against Onnoghen when Onnoghen already had 5 appeals pending before it and up till now only one was entertained leaving the remaining four yet to be decided on? It is clear as daylight that Onnoghen is a threat at least going by the drama put up by Danladi Umar, an attack dog of the executive arm of the government to make sure Onnoghen is axed at all cost for obvious political reason glaring to those that can see.


TemitopeA
For; New Grassroot Movement (NGM)

That must be axed at all cost or already axed.
Your wailing can do neda not even if you wail to your grave.

Mace0lane:
That must be axed at all cost or already axed.
Your wailing can do neda not even if you wail to your grave.

This is one of remaining fragments of archaic Africans, they has no value about humanity. "He shall wail to his grave ! Do you know the degree and gravity of this statement? This is bad Africans change you mind set.

TBH politics is just a game of tactics, strength and intelligence... Its either you play hard ball or you go home with nothing....

Its the same everywhere, China, U.S.A, England and all of Europe... Politicians are horrible...

So this case is a case of eat or be eaten, because Onnoghen even admitted to forgetting 900 milla in his account , are u kidding?

Buhari had to remove onnoghen whether by crook or by rule, cos Onnghen would have also removed him... So kindly stop playing the tribak card here, its old and distasteful.

I was wondering why Saraki was so sure of himself...probably had compromised Ex. CJN just like they did Kemi Adeosun....(ex finance woman)

Saraki won a battle and lost the War
Buhari lost the battle and Won d war...
Onnoghen, Kemi, Umar(ccb chair) are just disposable pawns....
Politics is a game.

ArcFresky:
TBH politics is just a game of tactics, strength and intelligence... Its either you play hard ball or you go home with nothing....

Its the same everywhere, China, U.S.A, England and all of Europe... Politicians are horrible...

So this case is a case of eat or be eaten, because Onnoghen even admitted to forgetting 900 milla in his account , are u kidding?

Buhari had to remove onnoghen whether by crook or by rule, cos Onnghen would have also removed him... So kindly stop playing the tribak card here, its old and distasteful.

At the bolded are you for real on that or just kidding

All the Appeal bla.. bla.. bla was already known tactics to delay. When a case hard to win they reverse to delay tactics but Umar knowing better fast track it.

johnkay1:
All the Appeal bla.. bla.. bla was already known tactics to delay. When a case hard to win they reverse to delay tactics but Umar knowing better fast track it.

This is intuitive reasoning.