Non-declaration of assets: Onnoghen has case to answer, says CCT

…Dismisses no case submission, orders him to enter defence

…Suspended CJN files notice of appeal

…Lawyers engage in altercations over adjournment

Andrew Orolua, Abuja

The Code of Conduct Tribunal (CCT) on Friday dismissed the no case submission application filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, in his non-assets declaration charges at the tribunal.

Onnoghen, through his lawyer, Chief Adegboyega Awomolo (SAN), had argued the application on Friday and asked the Code of Conduct Tribunal (CCT) to quash the six-count charge of non-declaration of assets brought against him by the Federal Government for lacking in merit.

The Federal Government had on January 2019, commenced proceedings against Onnoghen over alleged failure to declare his assets in line with the provisions of the law for public officers.

Chairman of the CCT, Danladi Umar, while ruling on the application dismissed the no case submission. He also ordered the defendant to enter his defence if he has any.

He held contrary to the submission of Onnoghen’s lawyer that the prosecution had established a prima facie case against the Onnoghen for him to respond to the charges against him.

Awomolo, SAN, while arguing the no case submission, submitted that the Code of Conduct Bureau (CCB) did not substantially comply with its own law in preferring the charges against the defendant.

According to Awomolo, CCB did not verify the form filled by Onnoghen as admitted by the 2nd prosecution witness.

He submitted further that the assets declaration form, which Onnoghen is being accused of not filling properly was neither verified by the authorised persons nor the department saddled with the responsibilities.

“That the defendant did not fill the assets declaration form, no investigation to show that it was done. Prosecution witness 2 said there is a register where all submitted forms are filed and a column to fill after investigating the form.

“The witness said the manager of this register neither the registrar nor the director nor department officer investigated the defendant’s form.”

He also submitted that the maker of exhibit one (petitioner) was not brought to the court to testify.

“The petition amount to hearsay and should be expunged from record”, he said.

He cited section 84 of the Evidence Act that for exhibit to succeed, the maker must present them, arguing further that exhibits 4 and 5 were presented by bank officials who were not the maker.

Delivering ruling, Umar however held that the confessional statement of the defendant that he made a mistake by not mentioning his five accounts in Standard Chartered Bank was enough evidence to warrant that he enters his defense.

The CCT chairman said he would not allow technicalities to arrive at a conclusion in the trial of Onnoghen.

Umar further held that the defence rather than allowing the defendant to take punishment due to him for his confessional statement was out to prevent the tribunal from doing its job.

He stressed that the tribunal will not shy away from given punishment to anybody no matter his status in society, be it the president.

He held that the exhibits and witnesses called by the prosecution was weighty enough to put the scale in the part of justice.

“We call on the defendant to enter his defense to clear his name because it has been detented so much”, he said, adding that the no case submission is discountenance and it is hereby refused.

He subsequently adjourned till Monday April 1, for Onnoghen to enter his defense.

However, there was drama shortly after Awomolo requested for a short adjournment to enable his client prepare effectively for his defense.

But CCT chairman refused to grant the adjournment on the grounds that the trial must be conducted day to day in line with the provisions of the Administration of Criminal Justice Act ACJA, 2015.

Awomolo efforts and plead with the chairman for a longer adjournment so that the defendant can adequately prepare for his defense yielded no result as the chairman refused all entreties leaving Onnoghen’s counsel, shouting for justice, justice.

At this point tempers were flayed as lawyers from both sides engaged each other on a shouting bout.

Meanwhile, on Thursday, the suspended CJN Onnoghen filed a notice of appeal against the ruling of the tribunal in his no case submission.

In a Notice of Appeal, Onnoghen argued that the tribunal erred in law when they dismissed his no case submission without appreciating the position of the law that due process was not followed in the filing of charges against him.

The appellant claimed that the CCB is bound by the provisions of the Code of Conduct Standard Procedure, 2017 with respect to investigation and report of investigation.

In the notice of of Appeal, Onnoghen said the 1st prosecution witness had told the tribunal that what his team did does not amount to investigation and investigation has not been concluded as at January 10, when the charges were filed.

Onnoghen therefore prayed the Court of Appeal to set aside the decision of the tribunal that he has a case to answer.

He urged the appellate court to allow the appeal and discharge him from the charges against him