Updated: Court of Appeal Acquits Former Chief Justice Walter Onnoghen

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The Court of Appeal in Abuja has overturned the conviction of former Chief Justice of Nigeria, Walter Onnoghen, who was previously found guilty of falsely declaring his assets.

On Monday, the appellate court declared Onnoghen not guilty of the charges brought against him by the Code of Conduct Tribunal. The original conviction, delivered on April 18, 2019, was dismissed after the court reviewed the issues that led to his trial.

Justice Abba Mohammed, who issued the ruling, cited an agreement between the Federal Government and Onnoghen as the basis for the decision. The court ordered that four bank accounts, which were previously ordered to be forfeited, be returned to Onnoghen.

The settlement terms stated that Onnoghen faced six charges at the Code of Conduct Tribunal but pleaded not guilty. Before the trial began, the tribunal granted an order for him to step down as Chief Justice, allowing the next most senior Supreme Court justice to take over temporarily.

During the trial, Onnoghen raised concerns about the tribunal’s authority to try him without first consulting the National Judicial Council, which is responsible for judicial officers. He also requested that the tribunal’s chairman recuse himself due to perceived bias.

Both parties agreed to resolve the case without further court proceedings. The court recognized that the tribunal did not have the jurisdiction to try Onnoghen, especially after he had submitted a letter of retirement that was accepted by the President of Nigeria.

In a previous court session on September 19, 2024, the Court of Appeal had allowed the two sides to negotiate a settlement. Onnoghen’s lawyer expressed optimism that they would reach a satisfactory resolution, and the Federal Government’s lawyer supported this, requesting more time for discussions.

Justice J. O. Oyewole directed both parties to prepare their settlement terms for the court to review. The court is scheduled to meet again on November 4, 2024, to finalize the agreement.

In 2019, former President Muhammadu Buhari had removed Onnoghen from office due to the asset declaration charges, which led to his conviction and the forfeiture of undeclared assets and bank accounts.

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