On Thursday, 18th of April 2019, the Code of Conduct Tribunal found the suspended Chief Justice of Nigeria, Walter Onnoghen guilty of failure to declare all his assets when he filled and submitted the mandatory Assets Declaration Form at the time he assumed office as the country’s highest ranking judicial officer. The Tribunal debarred him from holding public office for a period of 10 years. The saga of the former Chief Justice of Nigeria began when President Muhammadu Buhari announced his suspension from office last January. The President said that he was acting on the order served on him by the Code of Conduct Tribunal which said that Justice Onnoghen must be suspended pending the determination of a case against him over his alleged false declaration of assets. Buhari’s action sparked criticism at home and abroad. More than 1,000 Senior Advocates of Nigeria, SAN indicated their interests in defending the former Chief Justice on what they termed to be an executive victimization of the number one judicial officer of the country. The United States of America through its Embassy in Nigeria reacted thus: “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 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 the decision be resolved swiftly and peacefully in accordance with due process.” The British High Commission in Nigeria in its own reaction said: “We respect Nigeria’s sovereign authority and its right to adjudicate on constitutional provisions but as friends of the Nigerian people, we are compelled to observe the timing of this action, so close to national elections, gives cause for concern. It risks affecting both domestic and international perceptions on the credibility of the forthcoming elections. We, along with other members of the international community are following developments closely. We encourage all actors to maintain calm and address the concerns raised by this development through due process, demonstrating their commitment to respecting the constitution and the impartial administration of the rule of law. We further urged them to take steps to ensure that elections take place in an environment conducive to a free, fair and peaceful process.” In its prompt response to the concerns raised by the United States and Britain, the Nigerian Government said: “Nigeria reserves the right to be insulated from suggestions and or interference with respect to wholly internal affairs and commends international laws, customs and norms that mandate and require nations and the comity to respect this prerogative to all. Nigeria is confident of its electoral processes and her preparation for the imminent elections and the federal government has supported the independent electoral umpire in both its independence and resources needed to accomplish our desire and insistence on free and fair elections. In addition, the federal government has ensured the independence of all organs, institutions and arms of government to perform their functions in a manner that is transparent and is not lacking in integrity whether institutionally or by persons within such institutions or organs and will continue to do this. Although the question of foreign interference, whether state sponsored, promoted or otherwise has dominated recent elections and outcomes globally, the federal government assures citizens and the global community that it will fiercely and assiduously promote the will and the right of Nigerians to choose and elect their leaders without pressure or assistance from persons or entities that are not constitutionally empowered to participate in the process.” The anxiety being expressed by all appeared to have simmered when the trial of the former Chief Justice was ongoing. The prosecution had brought a 6-count charge against him before the Tribunal, the first of such case in the judicial history of Nigeria. During his trial last month (March 2019), an official of Standard Chartered Bank, Ifeoma Okeagbue, a customer relations manager on the accounts of Onnoghen with the Bank gave evidence in respect of lodgments in the various accounts. She said as follows: “On the account 5001062686, the opening balance in January 2018 was €30,178.58. As at December 2018, the balance was €10,187.18. On account 5001062693, at January 2018, it was with opening balance of N6,411,312.77. At December 2018, the balance was N12,852,580.52 “On account 5001062679, the opening balance as at January 2018 was £39,456.08 and by December 2018 the balance was £13,730.70. On account 0001062667, the opening balance as at January 2018 was N24,280,904 and as at December 2018, the balance was N2,656,019.21. On account 0001062650, as of January 2018, the opening balance was $80,824.25, and by January 2019, the balance was $56,878.” Former Justice Onnoghen was said to have failed to include details about those account in his Assets Declaration Form. Apparently having established that fact, the prosecution concluded its case after calling three witnesses. It had earlier promised to call six witnesses. Meanwhile, a parallel investigation was being conducted by the National Judicial Council, NJC on the same matter. Justice Onnoghen has challenged the ruling of the Code of Conduct Tribunal against him that he should not be allowed to hold public office for 10 years. The Court of Appeal sitting on his objections will deliver its judgment any time from now. As things stand now, Onnoghen is said to have resigned from office. However, the NJC has recommended to the President that the former Chief Justice be formally retired with full benefits and that he should be allowed to retain his seat on the National Council of State as a constitutional privilege that his predecessors enjoy. In arriving at that recommendation, sources close to NJC said that further evidences of financial impropriety leveled against the embattled Onnoghen convinced members of the Council that he had to vacate his office but he should be granted a soft landing. The news now making the rounds is that some South-south Governors (Rivers, Cross River, Akwa Ibom, Bayelsa) are planning to meet President Buhari to ask for his kind consideration in retiring Justice Onnoghen in a honourable version.

*Atilade Atoyebi, journalist, former current affairs writer for Radio Nigeria, former Executive Director Radio Nigeria Lagos and later Ibadan was also the Executive Chairman of Broadcasting Corporation of Oyo State, BCOS.Atilade Atoyebi, journalist, former current affairs writer for Radio Nigeria, former Executive Director Radio Nigeria Lagos and later Ibadan was also the Executive Chairman of Broadcasting Corporation of Oyo State, BCOS.