Challenging his abrupt termination of appointment by former President Muhammadu Buhari in 2019, former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, and the federal government of Nigeria on Thursday resolved to have an out-of-court settlement. President Muhammadu Buhari in 2019, suspended Onnoghen from office, for him to be arraigned for alleged false declaration of
Challenging his abrupt termination of appointment by former President Muhammadu Buhari in 2019, former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, and the federal government of Nigeria on Thursday resolved to have an out-of-court settlement.
President Muhammadu Buhari in 2019, suspended Onnoghen from office, for him to be arraigned for alleged false declaration of assets before the Code of Conduct Tribunal (CCT).
In what appeared like a punishment for closeness to the Buhari government’s political opponents, Onnoghen was prosecuted in 2019 by the federal government on the ground of false declaration of assets at the Code of Conduct Tribunal (CCT), pronounced guilty, and subsequently removed from office ahead of the statutory retirement age of Justices.
The Tribunal also ruled on the forfeiture of his undeclared assets to the federal government including monies in his five bank accounts. CJN Onnoghen, not satisfied with the judgment of the CCT appealed against it, praying the Court to set it aside. He filed three appeals against the Tribunal judgment including that of lack of jurisdiction.
The Tribunal had also stripped him of all offices earlier occupied among which were the Chairman of the National Judicial Council, NJC, and the chairmanship of the Federal Judicial Service Commission.
The case had been stalled for a while but at Thursday’s proceedings, Chief G. U. K. Igwe, (SAN) announced his appearance for Justice Onnoghen, but Chief James Ogwu Onoja (SAN), who argued the appeal, informed the court that parties have been having “several meetings” since the last court’s sitting, towards resolving the issue out of the court.
He, therefore, prayed the panel to adjourn the appeal for another month for the parties to reach an agreement. He further informed the court that the parties had an engagement up until Wednesday (the day before) and expressed optimism that the discussion would bear fruits.
He subsequently appealed to the appellate court for a one-month adjournment for final settlement of the matter. The Counsel to the federal government, Tijani Gazali (SAN) confirmed the submission of Onoja and requested that the matter be shifted for a possible amicable settlement. His words: “My Lords, I wish to humbly confirm the information. It is our position to settle the matter out of court,” he said.
Justice J.O. Oyewole, who heads the Appeal Court panel and presided over the proceedings, directed them to file terms of settlement for adoption when eventually they are agreed upon.
He further directed that the terms of settlement must be documented and filed before the adjourned date for the court to adopt as its judgment in the matter. The case was adjourned to November 4
It will be recalled that the United States government criticised Justice Onnoghen’s removal on the ground of unnecessary interference of the executive in another arm of the government. The US, through its embassy, issued a statement saying: “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.”
