Presidency, NJC, S’Court keep mum over Onnoghen’s resignation

…Suspended CJN’s lawyer, Awomolo confirms resignation

…Finally, Buhari has been vindicated – APC

Andrew Orolua, Doosuur Iwambe, Tom Okpe, Abuja

The Presidency, National Judicial Council (NJC) and the Supreme Court where the suspended Chief Justice of Nigeria, (CJN) is the head on Friday kept silence over the resignation of Justice Walter Onnoghen from his position as the Chief Justice of Nigeria (CJN) and Justice of the apex court.

However, Onnoghen’s lawyer, Chief Adegboyega Awomolo (SAN), confirmed that he spoke with Onnoghen and he personally confirmed to him that he resigned on Thursday.

However, some very senior lawyers on Friday welcomed Justice Onnoghen’s resignation, describing it as a relief for the Nigerian Judiciary that has been without a substantive head in the last four months amidst controversies of corrupt practices.

Onnoghen resignation is in compliance with the recommendation and report of the National Judicial Council (NJC) which on Wednesday forwarded its recommendations and findings on the petition written by the Economic and Financial Crimes Commission (EFCC) against Justice Onnoghen to the President.

Although, the recommendation has not been officially made public, The Daily Times gathered that NJC had recommended the compulsory retirement of the Chief Justice of Nigeria Justice Walter Onnoghen, based on “incontrovertible” findings on him by the Economic and Financial Crimes Commission (EFCC).

It asked President Muhammadu Buhari to give effect to the recommendation immediately.

But the NJC urged the President to allow Justice Onnoghen retain his seat as a former CJN in the Council of State.

The council also said the CJN should be retired with full benefits.

Source closed to the meeting said: “The NJC has been able to navigate the most challenging moment for the nation’s judiciary by recommending compulsory retirement of Onnoghen with full benefits.

“The NJC specifically demanded that the CJN be allowed to take his eminent position in the Council of State like his predecessors.

“If these recommendations are accepted, the Executive may be on the same page with the Judiciary by staying action on the ongoing trial and other pending trials of the CJN.”

The NJC may have adopted a “win-win approach” to ensure that the Executive and the Judiciary are on the same page.”

Another source familiar with how the NJC arrived at its decision said the “EFCC’s report on Justice Onnoghen was damning and incontrovertible”.

The anti-graft agency accused the CJN of “being in possession of funds which are fairly not attributable to his known, provable and legitimate source of income”.

The opening of a dollar account in Standard Chartered Bank for the CJN by a lawyer, Joe Agi, with $30,000 was said to be unhealthy.

The EFCC had accused Justice Onnoghen of being unable to account for curious deposits in his accounts.

The anti-graft commission alleged that deposits had accumulated to $1,716, 000.

The amounts in the said account were deposited as follows: $74,200 (2009); $291,800 (2010); $340,000 (2011); $625,000 (2012); $298,000 (2013); $40,000 (2015) and $47,000 (2016). The total was $1,716,000.

The agency also accused Justice Onnoghen of depositing $1,716,000 in a United States dollar account operated with the Standard Chartered Bank in 2009, marked as exhibit P4 C, between 2009 and 2016.

The petition said: “From the evidence on record, it is clear that the Respondent failed to declare all the accounts and funds in exhibit P4-P4D when he declared his 2014 asset in November 2016.

Your lordship will observe that the Respondent only declared his salary account with the Union Bank exhibit P3 and failed to declare P4-P4D, which are the accounts that warehoused funds that are far above the Respondent’s known and provable lawful income.

“The evidence shows that my lord earned a monthly salary in the sum of N750, 819.87, which is about N9, 000,000.00 per annum.

My lords, as shown in exhibit P10A page 14 paragraph XXVI, the Respondent only earned the sum of N91, 962,362.49 as salary between September 2005 and October 2016”.

The presidency has yet to confirm the receipt of a letter of resignation by the suspended Chief Justice of the Federation, Justice Walter Onnoghen.

But Federal Government owned News Agency reliably gathered that Onnoghen’s resignation letter was submitted to the Chief of Staff to the President, Malam Abba Kyari, by some Justices of the apex court.

The Justices, who submitted the letter, arrived at the Presidential Villa a few minutes after President Muhammadu Buhari had left Abuja for Jordan to participate in the World Economic Forum on Thursday.

President Buhari had, before his departure, received the National Judicial Council’s recommendations on the petition written against Onnoghen and the acting CJN, Justice Tanko Muhammad.

The report was submitted to the president by his Chief of Staff, Mallam Abba Kyari, who was accompanied by the Attorney-General and Minister of Justice, Abubakar Malami, at about 2:20 p.m.

Meanwhile, Chief Adegboyega Awomolo (SAN), the lead lawyer to the embattled Chief Justice of Nigeria, Justice Walter Onnoghen, has confirmed the resignation of his client.

Onnoghen’s resignation is coming less than four months after he was charged with non-declaration of assets which some government critics said was politically motivated.

Confirming the development on Friday, Awomolo said: “Yes, he resigned yesterday. I have just spoken with him. He confirmed to me that he resigned voluntarily yesterday (Thursday)’’.

The senior advocate however added that he did not have Onnoghen’s authorisation to speak on the issue.

In the meantime, reactions are already trailing the resignation of the embattled Onnoghen.

Reacting to the development to our correspondent, a Senior Advocate of Nigeria, Ahmed Raji said it is a welcome development that will not only save the image of the judiciary but of the country as a whole.

‘’While I commend the former CJN for the bold decision, I most sincerely plead with the President to accept the resignation in the interest of all.

My humble appeal also goes to the amiable Vice President in this regard being highest political office holder with a sound legal mind.

All pending cases before any court or Tribunal in connection with the ex-CJN should abate as well’’, he said.

On his part, an Abuja based lawyer, Barrister Enyi Chukwu, said that his resignation was long overdue.

According to him, the evidence against Onnoghen were too overwhelming and that he would have honourably resigned rather than allow the development to get out of control.

“The image of the Judiciary is very bad and is the likes of people like Onnoghen that made is bad.

This is the same person that passed a verdict during Bukola Saraki assets declaration trial that it is only the CCT that has power to prosecute assets declaration cases.

When it was his turn, he was running from pillar to post. In as much as I commend his decision to bow to pressure by tendering his resignation, mechanism should be put in place to fish out the remaining bad eggs in our Justice system’’, he added.

For the National Publicity Secretary of the All Progressives Congress (APC), Mallam Issah Onilu, President Muhammadu Buhari has been vindicated of whatever insinuation that has generated over Justice Onnoghen saga.

Reacting to the development at the party secretariat on Friday, Mallam Onilu said: “The issue we have in this country is that people; especially those who have been part of the impunity of the past are struggling badly to adjust to the reality of rule of law.

“We know from the beginning that what the immediate past CJN Onnoghen did, that is if his resignation letter is accepted; were too serious and we know that the President does not act on frivolities, he must have done his background checks, he must have gotten good information to have taken the action he took and not just taking that action,

that there was basis for the action that can be legally proven and those lawyers, so-called Senior Advocate of Nigeria who had over the years dipped their hands along with some of these judicial officers, in disdain of this country, continued to lampoon the President, lampoon the APC, blaming this government of doing its best to right several wrongs that we have been used to”.

The party spokesman pointed that politicians were actually killing democracy and the APC rose in defence of the President because the party is aware of the fact that the President meant well for the country.

“Now, events have proven the President right. Events have proven the party, APC right. Events have proven those Nigerians who believe Nigeria first and any other thing after; have been proven right.

“We all can only be hiding behind one finger, otherwise we know Nigerians, reasonable Nigerians know from the beginning that those allegations were not cooked up and if they were real, the next thing for the CJN to have done was to have stepped aside and the question of, he wouldn’t be the only one, why him; there is nowhere in the world where judgment is passed on every sinner at once.

“It is not every armed robber you can catch the same day. And even some you know, the law of justice may not catch up with them immediately but we must continue to see evidence that we are moving towards that sanity and that we are making progressive efforts,

sending strong signals to people who think this country must continue as long as they are comfortable and the rest of Nigerians are suffering. We must send that signal to them. It is not going to be business as usual.

“You have seen the Senate President in the dock, the CJN and one day, we might see a President that misbehaves in the same dock which now shows that nobody is above the law of this country.

We are all equal before the law. So, anybody who finds himself in any position should begin to look closely at his own actions knowing that today may protect him but tomorrow may expose him”, he said.