The Court of Appeal in Abuja has discharged and acquitted former Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen, from his previous conviction for false asset declaration by the Code of Conduct Tribunal (CCT). This landmark ruling also orders the immediate unfreezing of all his bank accounts that were previously frozen due to the conviction.
A three-member panel of the appeal court, led by Justice Abba Bello Mohammed, delivered the judgment, which is based on the terms of settlement reached between Onnoghen's legal team and the office of the Attorney General of the Federation, represented by Lateef Fagbemi SAN. According to these terms, the appeal court established that the CCT had no jurisdiction to try and convict Justice Onnoghen, a judicial officer, without first involving the National Judicial Council (NJC), the highest judicial authority in the country.
The controversy surrounding Justice Onnoghen’s removal dates back to January 2019, when he was suspended by then-President Muhammadu Buhari. The CCT had recommended his suspension, and later, on April 19, 2019, convicted him of false asset declaration. Following Onnoghen’s removal, Justice Ibrahim Tanko Mohammed was sworn in as Acting CJN.
During the recent court proceedings, Onnoghen’s lead counsel, Adegboyega Awomolo SAN, informed the court that the parties had agreed to settle, aligning with an earlier directive from the court. The Attorney General’s counsel, A. Gazali SAN, confirmed this and adopted the terms of settlement.
The appeal court ruled that the CCT lacked jurisdiction on two grounds: first, because it proceeded without consulting the NJC, and second, because it continued with the trial despite Onnoghen’s voluntary retirement, which had already been accepted by the Federal Republic of Nigeria. The court further ordered that Onnoghen’s bank accounts, frozen as part of the CCT’s judgment, be unfrozen immediately. Both parties were instructed to take necessary actions to implement these terms of settlement.
With the judgment delivered, Adegboyega Awomolo expressed gratitude to the Attorney General of the Federation and President Bola Tinubu for their role in facilitating the settlement, viewing the ruling as a shift in judicial policy. He emphasized that Onnoghen’s removal without NJC consultation represented an overreach by the executive branch, and this ruling reinforces the importance of judicial independence.
The appeal court concluded by discharging and acquitting Justice Onnoghen, signaling a closure to this high-profile case.
