AGF Malami takes another step, asks NFIU to freeze CJN’s accounts

…Says action in pursuant to Presidential Executive Order No 6 of July 5, 2018 …Buhari didn’t know about CJN’s arraignment until Saturday — Osinbajo As the plot to remove the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, from office thickens, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), has asked the Nigerian Financial Intelligence Unit (NFIU) to freeze all his bank accounts. In the letter dated January 14, 2019 and signed by Abiodun Aikomo Esq on behalf of the AGF, titled: ‘Re: Request for Freezing of Bank Accounts Subject to Investigation and Prosecution Pursuant to Presidential Executive Order No 6 of 5th July, 2018 on the Preservation of Assets Connected with Corruption’, the AGF directed the agency to freeze CJN Onnoghen’s account until the determination of the suit filed against him. The memo further read: “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.” The bank accounts listed are: Account: 5001062686 (Euro) Standard Chartered Bank (SCB); Account No: 5001062679 (Pound Sterling SCB); Account No: 00010626SD (Dollar) SCB; Account No: 0001062667 (Naira) SCB; and Account No: 5000162693 (Naira). The memo was sent to the agency as Justice Onnoghen failed to show up for an arraignment before the Code of Conduct Tribunal on Monday. The arraignment was however shifted to next Tuesday 22, January due to improper service of the summons. However, Vice President Yemi Osinbajo, on Wednesday, said he is feeling sad over the trial of the Chief Justice of Nigeria (CJN), Walter Onnoghen, on allegations of false and non-asset declarations. Osinbajo, who spoke at the 2019 Online Publishers Association of Nigeria (OPAN) conference in Abuja, said that President Muhammadu Buhari had no prior knowledge of the arraignment. The theme of the conference is “Free Press and Objective Reporting in the 2019 Election Year.’’ According to Osinbajo, Buhari’s approach is that institutions should do their work. “I can tell you for a fact that he did not even know about this until Saturday evening. He did not even know that there will be any kind of arraignment until Saturday evening. “He has said categorically, do not interfere with whatever institutions are doing; sometimes, it has consequences such as we have today; such that people say how can such an important person be subjected to a trial without the federal government? “But I can tell you without any equivocation whatsoever that he was not even in the know because it is a specific instruction that he gave. “So , even where somebody else calls a public officer such as Ibrahim Magu of EFCC and says something or the other, he will say `no, no, no, Mr. President has said I can do my work. “My take is that I would rather not have a situation where senior members of my profession are being tried for an offence; certainly, I will rather not have that kind of situation. “So, I do not feel particularly good about it; as a matter of fact, I feel very sad; that it is going on at all, that is my position.’’’ Osinbajo tasked online publishers to go after details and check the facts before publishing, warning that online news was losing credibility. The vice president said elections had heightened ethnic and religious tensions and tended to threaten and challenge Nigeria’s unity and security. “So, it is even more so, the case today that we just must be more responsive because anybody on their beds can launch a website, post images from anywhere in the world and tell whatever story he wishes. “So, the online publisher is essentially in a poorly regulated space and can publish practically anything, even outright falsehoods. “Perhaps because the worst that can happen is a libel action if your publication tarnishes a person’s reputation. “The problem with the current situation is that online news may lose credibility; and that is a very bad situation because the loss of credibility is bad for everybody, bad for business and weakens an important social tool of public communication.’’ He suggested the encouragement and promotion of forums for online practitioners to engage and develop by interaction with others. “As for elections, I think it affords an opportunity for an online publication to become well established as a credible and speedy source of news and information. “News on election results will be so sought after that anyone who can provide them accurately and in a timely fashion will be the go-to-site, even in the future. “The point to bear in mind is that integrity pays. Being the first to break the news, especially when it is unverified, might bring in some traffic initially, but it does not take that long to lose reputation. “And once the credibility of the publication is damaged, people will not take the news seriously,’’ he said. Earlier in a remark, OPAN President, Austin Ogannah, said that the association was founded in 2011. According to him, the idea is to have an association that self regulates practitioners in the online news media, so that members can hold one another accountable. Ogannah said that the essence of the conference was to understand objective reporting in an election as captured in the theme. Agbakoba drags AGF, others to Court over CJN arraignment Meanwhile, a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, SAN, has dragged the Attorney General of the Federation, Malami Abubakar, SAN, before a Federal High Court, Abuja asking the court to declare that the purported steps taken by the 1st and 2nd defendants to arraign Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, (CJN) before the Code of Conduct Tribunal, on the basis of Charge No: CCT/ABJ/01/19 filed without prior recourse to the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void. Also joined as defendants in the suit are: the Code of Conduct Bureau (CCB), Code of Conduct Tribunal (CCT) and the National Judicial Council (NJC). The plaintiff through his lawyer, Chief Mike Ozekhome, SAN, sought the court for an order declaring that the purported or proposed arraignment of Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, 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 National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void. Specifically, Dr. Agbakoba, SAN, asked the court for an order declaring 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, 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. He sought the court for an order declaring that Charge No: CCT/ABJ/01/19, filed against Justice Walter Samuel Nkanu Onnoghen, by the 1st and 2nd Defendants, before the Code of Conduct Tribunal, without first having prior recourse to the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void. He also sought an order of the Court quashing and/or setting aside, in their entirety, all the charges preferred by the 1st and 2nd defendants, against Justice Walter Samuel Nkanu Onnoghen, 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. Furthermore, Agbakoba sought an order of injunction by the Court, restraining the 1st and 2nd defendants, whether by themselves, servants, privies or officers working under them, from maintaining the charges or taking any further steps towards maintenance and prosecution of any charges, against Justice Walter Samuel Nkanu Onnoghen, before the 3rd defendant or any other Court or Tribunal, without first having recourse to the 4th defendant (NJC). In the originating summon dated January 14, 2019, the former NBA president postulated three issues for determination to wit: whether having regard to the decision of the Court of Appeal in NgajiwaV 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, 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 National Judicial Council, 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. The matter has not been assigned to any judge and no date has been fixed for mention. Andrew Orolua, Abuja and Peter Fowoyo, Lagos