The Court of Appeal in Abuja has acquitted Justice Walter Onnoghen, the former Chief Justice of Nigeria, of all allegations related to false assets declaration.
The ruling comes nearly five years after Onnoghen was initially convicted by the Code of Conduct Tribunal (CCT) for failing to declare funds in his domiciliary accounts.
Onnoghen’s conviction in April 2019 shocked the nation, as he was the first Chief Justice to be tried and removed from office on corruption charges.
The three-member panel of justices, led by Abba Mohammed, found that the CCT did not have the jurisdiction to try Onnoghen.
The court emphasized that the matter should have first been reported to the National Judicial Council (NJC), according to established legal procedures.
Justice Walter Onnoghen was appointed Chief Justice of Nigeria in 2017. His tenure was marked by controversy, particularly surrounding his assets declaration.
In January 2019, the Federal Government charged him with six counts of failing to declare his assets properly, leading to an investigation by the CCT.
The tribunal ordered Onnoghen to step aside from his position as Chief Justice, which he argued was a violation of due process.
During the trial, Onnoghen consistently maintained that the CCT lacked the authority to hear his case without the involvement of the NJC.
He contended that the NJC should have been the first body to assess any allegations against him as a judicial officer.
In its recent judgment, the Court of Appeal ruled that the Code of Conduct Tribunal acted beyond its jurisdiction in prosecuting Onnoghen.
The judges noted that both parties in the case expressed a desire to settle the matter amicably.
They confirmed that the appeals should be consolidated for hearing and settlement.
The court further ordered the return of four bank accounts that had been seized from Onnoghen during the investigation.
Justice Mohammed stated, “The tribunal lacks jurisdiction to try and convict the appellant without first resorting to the National Judicial Council.”
The ruling emphasized the importance of adhering to proper legal processes, especially when dealing with allegations against judicial officers.
The ruling sets a precedent for future cases involving judicial officers in Nigeria.
It clarifies that any allegations against them must first be evaluated by the NJC before being taken to court.
This decision aligns with previous rulings, including cases such as FRN vs Nganjiwa and Nganjiwa vs FRN, which established the NJC’s primary role in overseeing judicial conduct.
The acquittal also raises questions about the effectiveness of Nigeria’s anti-corruption strategies.