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Court of Appeal Overturns Onnoghen’s Conviction for False Asset Declaration

Written by Jerry Alomatu on November 4, 2024

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On Monday 4th November, 2024, the Court of Appeal in Abuja overturned the conviction of former Chief Justice of Nigeria, Justice Walter Onnoghen, who had been found guilty of false asset declaration by the Umar Danladi tribunal.

The appellate court discharged and acquitted Onnoghen from the conviction initially delivered by the Code of Conduct Tribunal on April 18, 2019. This ruling followed the resolution of key issues that led to his trial and subsequent conviction.

Justice Abba Mohammed, who presided over the case, based the judgment on the terms of settlement agreed upon by the Federal Government and Onnoghen. He ordered that the four bank accounts previously forfeited be returned to the former chief justice.

The terms of the settlement stated, “The Appellant herein was charged at the Code of Conduct Tribunal (CCT) on six counts dated January 11, 2019, to which he pleaded not guilty.”

It was noted that prior to the trial’s commencement, the tribunal had granted an ex-parte application for Onnoghen to step aside as Chief Justice and for the next most senior Justice of the Supreme Court to be sworn in as acting Chief Justice, effectively removing Onnoghen from office.

Onnoghen had raised objections during the trial, questioning the jurisdiction of the CCT to hear the case, asserting that as a judicial officer, he should have been reported to the National Judicial Council (NJC) first. He also filed a motion for the tribunal’s chairman to recuse himself due to perceived bias during proceedings.

The court further explained, “The parties herein have expressed a collective desire to settle the appeals out of court.”

The statement continued, detailing the terms of the agreement: “It is hereby agreed by the parties that the respondent concedes the appeals in the following terms: that the three appeals, namely: (1) CA/A/375c/2019 (2) CA/A/376c/2019 and (3) CA/A/377c/2019 be consolidated for the purpose of hearing and settlement herein.”

Additionally, it concluded that the tribunal lacked the jurisdiction to try and convict Onnoghen as a judicial officer without first involving the NJC, in accordance with previous court decisions. The court affirmed that the terms of the settlement were entered into voluntarily by both parties.