The recent acquittal of former Chief Justice of Nigeria (CJN) Walter Onnoghen by the Court of Appeal has sparked a nationwide debate on judicial independence and the balance of power between Nigeria’s judiciary and executive branch.
This ruling overturns his 2019 conviction for false declaration of assets, restoring his reputation and questioning the process that led to his removal.
Walter Onnoghen, appointed Chief Justice in 2016, made history as the first person from southern Nigeria to assume the top judicial role. Yet, his tenure was short-lived. In January 2019, then-President Muhammadu Buhari suspended Onnoghen following allegations that he failed to declare certain assets.
The Code of Conduct Tribunal (CCT) quickly pursued a six-count charge of false asset declaration against him, leading to a controversial conviction in April 2019. The tribunal ordered his immediate removal, a ten-year ban from public office, and the forfeiture of assets, including five bank accounts that Onnoghen had allegedly omitted from his declaration.
The decision to prosecute Onnoghen outside of established judicial disciplinary processes drew widespread criticism, with many viewing the proceedings as politically driven. Critics condemned the move as an attack on the judiciary’s independence, with accusations of bias casting doubt on the tribunal’s legitimacy.
Determined to clear his name, Onnoghen appealed the CCT’s judgment, arguing that the tribunal had no authority to prosecute a sitting judicial officer without prior consultation with the National Judicial Council (NJC). Represented by Senior Advocate of Nigeria Adegboyega Awomolo, Onnoghen’s legal team challenged the tribunal’s jurisdiction and highlighted instances of alleged bias and denial of fair hearing during the proceedings.
In a significant legal strategy, Awomolo argued that the NJC, empowered by the Constitution to discipline judicial officers, should have been the first point of action. According to Awomolo, bypassing the NJC represented a “miscarriage of justice,” undermining due process and judicial autonomy.
On November 4, 2024, a three-member panel of the Court of Appeal in Abuja, led by Justice Abba Bello Mohammed, ruled in Onnoghen’s favor. Declaring the CCT’s proceedings flawed, the court discharged and acquitted Onnoghen of all charges, citing a settlement agreement reached between Onnoghen’s legal team and the Attorney General of Nigeria, Lateef Fagbemi.
Justice Mohammed emphasized that the CCT “lacked jurisdiction” over a sitting judge without involving the NJC and concluded that Onnoghen’s removal violated fair hearing principles. “The appellant herein is hereby discharged and acquitted,” he stated, ordering the immediate release of Onnoghen’s seized assets, including his frozen accounts at Standard Chartered Bank.
Onnoghen’s acquittal carries far-reaching implications for Nigeria’s judicial system. Legal experts view the ruling as a pivotal moment for judicial autonomy, setting a standard for the limits of executive power over the judiciary. Commenting on the judgment, Awomolo expressed gratitude to President Bola Ahmed Tinubu for endorsing constitutional principles, which he believes bolstered judicial independence.
“This ruling is a reminder that justice must remain free from executive interference,” Awomolo noted.
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