The Federal Government, yesterday, directed the Director, Nigerian Financial Intelligence Unit (NFIU) to freeze the bank accounts belonging to the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen which are subject to investigation and prosecution.
The Federal Government is prosecuting the CJN before the Code of Conduct Tribunal (CCT) sitting in Abuja on six-count criminal charge bothering on non-assets declaration.
The directive for freezing of the CJN’s account came on a day the Code of Conduct Bureau (CCB) succeeded in serving the six-count criminal charge on false assets declaration on the person of the CJN.
New Telegraph learnt that charges were served personally on the CJN on Monday 14th January 2018 by 3:30p.m. in his office at the Supreme Court of Nigeria Abuja.
It was also learnt that Justice Onnoghen personally received the charges and signed for it, a condition required before he could be properly arraigned at the Tribunal.
The chairman of the tribunal, Danladi Umar, had at the last adjourned date, directed that a fresh summons be served on the CJN personally.
According to a letter with reference number HAGF/2019/E06/Vol 01, dated January 14, 2019, the Attorney General of the Federation, Abubakar Malami (SAN) directed the NFIU to freeze all the bank accounts of the CJN subject to investigation and prosecution.
The AGF, in a letter signed by Abiodun Aikomo, premised his directive on the Presidential Executive Order No. 6 of 5th July, 2018 on the Preservation of Assets Connected with Corruption.
The letter reads in part: “I am directed by Mr. Abubakar Malami (SAN), the Honourable Attorney General of the Federation and Minister of Justice to request that you, pursuant to the Presidential Executive Order No 6 of 2018, forthwith restrict normal banking operations on certain accounts belonging to Hon. Justice Walter Onnoghen pending final determination of the case against him at the Code of Conduct Tribunal (CCT/ABJ/1/2019).
“The accounts are as follows:
a. Account No 50010626826 (Euro)
b. Account No 5001062679(Pounds sterling) SCB
c. Account No 0001062650(Dollar) (SCB)
d. Account No 0001062667 (Naira) (SCB)
e. Account No 5000162693 (Naira).
Balances listed against the accounts are as follows: The Standard Chartered Bank dollar account 1062650 with a balance of $391,401.28 on January 31, 2011;
The Standard Chartered Bank Euro account 5001062686 with a balance of EURO 49,971.71 on January 31, 2011; the Standard Chartered Bank pound sterling account 5001062679 with a balance of GBP23,409.66 on February 28, 2011.
In a related development, the Federal High Court sitting in Abuja will, today, hear two different suits seeking to stop the trial of Onnoghen.
The first suit, marked FHC/ABJ/CS/27/2019, was filed by incorporated trustees of the Centre for Justice and Peace Initiative.
Those joined as defendants in the suit are Malami, the Chairman of CCT, Danladi Umar; the National Judicial Council (NJC), the Inspector-General of Police, and the Senate President, Bukola Saraki.
The other suit, marked FHC/ABJ/CS/28/2019, was filed by the incorporated trustees of the International Association of Students Economists and Management.
The suit has as the defendants, the AGF, the CCT, the CCB, the Chairman of CCT, and the Inspector-General of Police.
The court had fixed today for hearing of the suits.
Similarly, a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) has asked a Federal High Court in Abuja to quash corruption charges slammed on Justice Onnoghen by the CCB.
The AGF, the CCB, CCT and National Judicial Council (NJC) were joined as first to fourth defendants respectively in the suit.
The plaintiff raised three questions for court’s determination. These are:
“Whether having regard to the decision of the Court of Appeal in Nganjiwa vs FRN, (2017) LPELR-43391 (CA), the combined provisions of Sections 6, 153, 158, 287 (2), and 292 (1) and Paragraph 21 (b) of the 3rd Schedule to the 1999 Constitution, as altered and extant provisions of the Code of Conduct for Judicial Officers, the present charge in Charge No: CCT/ABJ/01/19 against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, does not constitute a flagrant and violent disregard of the provisions of the Constitution, due process of law, and therefore unconstitutional, null, void and of no effect whatsoever.
“Whether the 1st and 2nd Defendants can competently file and maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, or indeed any Court or Tribunal without prior recourse to the 4th Defendant, the NJC, in accordance with constitutional provisions.
“Whether the 1st and 2nd Defendants can maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, in Charge No: CCT/ABJ/01/19 before the 3rd Defendant, the Code of Conduct Tribunal, or indeed any Court or Tribunal without affording him adequate time and facilities for the preparation of his defence.”
He is consequently seeking for the following declarations among others:
“A declaration that the purported steps taken by the 1st and 2nd Defendants to arraign Honourable Justice Walter Samuel Nkanu Onoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, on the basis of Charge No: CCT/ABJ/01/19 filed therein, without prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.
“A declaration that the purported or proposed arraignment of the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, on the basis Charge No: CCT/ABJ/01/19 filed therein, without first having prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.
“A declaration that the purported or proposed arraignment of the CJN, Honourable Justice Onnoghen, before the CCT, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, without first being afforded sufficient time and facilities for preparation of his defence, is unconstitutional, null and void, being a gross violation of the provisions of Section 36 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“An order of this Honourable Court, quashing and/or setting aside, in their entirety, all the charges preferred by the 1st and 2nd Defendants, against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, in Charge No: CCT/ABJ/01/19 and nullifying all steps taken by the 2nd and 3rd Defendants, leading to the said illegal and unconstitutional arraignment or proposed arraignment of Honourable Justice Walter Samuel Nkanu Onnoghen, CJN before the 3rd Defendant.”
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