Cleared at last

The Court of Appeal, Abuja, has discharged and acquitted former Chief Justice of Nigeria (CJN), Walter Onnoghen, from his conviction of…

The Court of Appeal, Abuja, has discharged and acquitted former Chief Justice of Nigeria (CJN), Walter Onnoghen, from his conviction of false assets declaration by the Code of Conduct Tribunal (CCT) following the resolution of the issues that led to his trial and conviction. Delivering judgement, the presiding Justice, Abba Mohammed, adopted the terms of settlement between the Federal Government and Onnoghen. He also ordered that the four bank accounts of the former CJN forfeited be returned to him. The parties involved settled that the CCT lacked the jurisdiction to try and convict the former CJN without resorting to the National Judicial Council.

The Court of Appeal’s decision to acquit former Chief Justice of Nigeria (CJN) Walter Onnoghen underscores significant constitutional issues, particularly regarding judicial independence, due process, and the jurisdictional authority of oversight bodies like the Code of Conduct Tribunal (CCT). The CCT initially convicted Mr Onnoghen in April 2019 for false asset declaration, a charge that led to his removal from office by then-President Muhammadu Buhari. However, the Constitution stipulates that a President can only remove the sitting CJN after securing the approval of at least two-thirds of the Senate, which did not occur in Onnoghen’s case. The charges against Onnoghen — alleging that he failed to declare several bank accounts — were controversial and widely seen as politically motivated, with many arguing that the effort lacked due process. Onnoghen denied the allegations, and the matter was not debated in the Senate, making the CCT’s ruling even more contentious. The appellate court’s judgement, which discharged and acquitted Onnoghen, overturned the CCT’s decision, asserting that the CCT lacked jurisdiction to try him without the involvement of the National Judicial Council (NJC). The NJC is constitutionally mandated to oversee judicial officers in Nigeria, including addressing misconduct allegations. By bypassing the NJC, the CCT’s conviction of Onnoghen raised serious concerns about judicial independence and procedural fairness. The Court of Appeal’s ruling reinforces the NJC’s critical role as the first port of call for disciplining high-ranking judicial officials, signalling the need to respect the boundaries between administrative oversight and judicial adjudication. This decision reinforces Nigeria’s checks and balances system, reminding all bodies, including the CCT, that they must operate within the boundaries defined by constitutional provisions. The acquittal of Onnoghen is a watershed moment for Nigeria’s judiciary, highlighting the importance of judicial independence, adherence to constitutional mandates, and the integrity of procedural processes in high-profile cases. The ruling highlights that legal bodies must respect institutional hierarchies, and it may prompt a re-evaluation of the CCT’s procedures, fostering a more restrained approach in future cases involving senior judicial personnel. This judgement serves as an important reminder to legal practitioners, investigative agencies, and anti-corruption bodies of the necessity to uphold constitutional procedures and maintain the integrity of the judicial process. As the ruling stands — unless overturned by the Supreme Court — Onnoghen’s acquittal reaffirms his legal standing and ensures that the allegations against him remain tainted by procedural missteps and his reputation unblemished. Moving forward, this case could encourage a more rigorous adherence to due process in asset declaration cases, discourage potential executive overreach, and reaffirm the NJC’s critical role in maintaining judicial accountability, safeguarding judicial independence, and ensuring the fairness of legal proceedings. It reinforces that the legal system must operate within constitutional boundaries and uphold democratic principles.