Former Nigerian Chief Justice Samuel Walter Onnoghen could soon regain access to his frozen accounts and have an order banning him from holding public office for 10 years lifted.
This follows a decision by the Court of Appeal in Abuja on Thursday, where a three-member panel granted the Federal Government's request to settle out of court with him after he approached the court to challenge his removal from office.
Onnoghen had filed an appeal challenging the 2019 ruling of the Code of Conduct Tribunal (CCT), which ordered his removal from office.
In his appeal, marked CA/ABJ/375, 376 and 377/2019, and filed through his counsel, Adegboyega Awomolo (SAN), Onnoghen sought to quash his conviction on the grounds of lack of jurisdiction, bias and failure to provide a fair hearing.
In April 2019, the CCT had convicted Onnoghen on all six counts of violating the Code of Conduct for Public Officials that the Federal Government had brought against him during his tenure as head of the judiciary.
The court not only ordered his dismissal but also banned him from holding public office for 10 years and ordered the confiscation of five bank accounts that he allegedly failed to declare between 2009 and 2015.
The accounts in question, all at Standard Chartered Bank (Nig.) Ltd., are as follows:
The move towards an out-of-court settlement could allow Onnoghen to regain access to the frozen accounts, while the 10-year ban could also be lifted.
THE WHISTLER recalls that Onnoghen's dismissal was a controversial episode.
On January 25, 2019, just 29 days before the presidential election, former President Muhammadu Buhari suspended him and appointed Justice Tanko Muhammad, the next most senior jurist on the Supreme Court, as Acting Chief Justice.
The suspension came less than eight hours after Onnoghen announced his plan to appoint judges to election petition tribunals, sparking accusations of political interference.
The Nigerian Bar Association (NBA) described the suspension as a blow against the judiciary.
Two years later, Onnoghen revealed the alleged real reason for his dismissal. He claimed it was linked to a rumour that circulated in January 2019 suggesting that he had met with the then People’s Democratic Party (PDP) presidential candidate, Atiku Abubakar, in Dubai, United Arab Emirates.
Onnoghen dismissed the rumours, stating that he had never been to Dubai and had never met Atiku in person.
He expressed disappointment with the Federal Government for acting on unverified allegations and using an ex parte order to suspend him from office, even though the matter was still pending before the court.
“Before my suspension I was not confronted with any accusations.
“There were rumours that I had met Atiku in Dubai, but as I speak here today, I have never met Atiku personally in my life.
“As if that was not enough, I was also accused of releasing some high-profile criminals while I was leaving the Supreme Court in 1978,” he had said.
Onnoghen regretted that he was not given the opportunity to defend himself and charged the judiciary with resisting attempts to politicize the sector.
On Thursday, the federal government's lawyer in Onnoghen's appeal, Tijani Gazali, confirmed that the request for an out-of-court settlement was at the government's behest.
“Gentlemen, I humbly wish to confirm the information. Our position is to resolve the matter out of court,” Gazali said.
