Witness tenders Onnoghen’s 2010 asset declaration receipt

…As tribunal subpoenas CCB staff

…A’Court has abandoned Onnoghen’s appeal, says defence lawyer

Andrew Orolua, Abuja

Embattled suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, on Monday, opened his defence by tendering before the Code of Conduct Tribunal 2010 Asset declaration Form receipt issued by Code of Conduct Bureau to him as evidence of his asset declaration.

Onnoghen tendered the document through his first defense witness, Lawal Busari, at the ongoing trial at the Code of Conduct Tribunal (CCT) in Jabi district of Abuja.

Justice Onnoghen is standing trial on a six count charge for alleged failure to disclose his assets as required by the law for public office holders.

The charge was preferred against him by the Federal Government following a petition to the Code of Conduct Bureau (CCB) by Dennis Aghanyan of the Anti -Corruption and Research Database Initiative early January, this year.

At the resumed trial on Monday, the defence counsel, led by Adegboyega Awomolo, SAN, informed the court that they will be calling three witness in the interim.

However, before the witness, Lawal Busari, was called into the witness box, Awomolo informed the tribunal of an application seeking for the tribunal’s order to compel one Mrs. Theresa Nwafor, a staff of the CCB who is said to be based in Benin, Edo State to come and testify for Onnoghen.

Counsel to the prosecution, Aliyu Umar (SAN), however did not object to the application to issue the subpoena compelling Mrs. Nwafor to appear at the tribunal for the purpose of giving evidence in the trial.

Consequently, the 3- member tribunal led by Danladi Umar granted the application and ordered that Mrs. Nwafor appear before the tribunal on Wednesday April 3, 2019 by 10am to testify.

Busari, the Chief Driver Mechanic, who was led in evidence by Awomolo, gave a detailed information on how he and Onnoghen went to Asokoro in Abuja, sometimes in 2010 to obtain his assets declaration form.

He recalled that Onnoghen had on that occasion asked him if he had obtained his own asset declaration form and encouraged him to do, adding that Onnoghen later gave him N200 to pay for both forms and receipts issued to them as evidence of payment for the forms.

When Awomolo sought to tender the receipt as evidence, prosecution counsel objected on grounds that he was not the maker.

However, following argument that the document was relevant and it’s original, the tribunal accordingly admitted the document as exhibit.

The witness further confirmed that both Onnoghen and himself filled their respective forms and returned to the CCB, while he went on a later date to get the acknowledgement receipts for the forms.

Under cross examination by the prosecution counsel, Busari, who claimed that he has been with Onnoghen since 1999, said he did not accompany Onnoghen to the CCB in 2005.

The witness was thereafter discharged from the witness box and the tribunal then adjourned till Wednesday April 3 for continuation of trial.

Meanwhile, Onnoghen’s lead counsel, has decried the lack of independence of the judiciary.

Awomolo in a statement made available shortly after Monday’s proceedings at the CCT, said that the “Nigerian judiciary is very weak, vulnerable and not independent”.

He said that it is unthinkable that the head of the judiciary would be treated the way Onnoghen was treated and not a whimper came from the body of men and women of highest distinction in the legal profession.

Awomolo also regretted that: “Whereas political matters and election matters were treated with dispatch, and Judgment delivered within hours, the appeal of the Chief Justice of Nigeria, 6 weeks after argument was ordered to be kept away in the file.

“There is no association of Nigerian Judges to speak a word. Let no public officer or judicial officer at any level, throw stone because if not all, most are guilty as Onnoghen.

Nobody knows who is next, a precedent has been laid, the Honourable Attorney General of the Federation seems pleased”.

He consequently called for amendment of the Constitution to place the Code of Conduct Tribunal under the judiciary to give it its much needed independence, impartiality and to avoid interference from outside the court.

While he argued that corruption cannot be fought successful with corrupt institutions, he said, “It is injustice to inflict corrupt procedure on innocent public officers. God will not allow corruption to consume our nation. The end should not justify the means, the means should justify the end.

“The practice of propaganda lies and media trial will encourage injustice. Truth will exalt our nation, but propaganda and lies will enthrone injustice.

Lies and injustice is a reproach. Let justice be done even if heaven will fall and let the rule of law be the only means to justify the end”, he said.