Onnoghen: EFCC detectives, others may appear before NJC

Some Economic and Financial Crimes Commission (EFCC) detectives
may appear before the National Judicial Council (NJC) on their
findings on suspended Chief Justice of Nigeria (CJN) Walter
Onnoghen and other issues. The Nation reports.

Also to appear before the NJC are officials of some other
intelligence agencies.

All relevant desks and detectives were placed on standby
yesterday pending the invitation of the NJC.

Also, those who petitioned the NJC, such as the Anti-corruption
and Research Based Data Initiative, Mr. Olisa Agbakoba (SAN) and
others are expected to defend their claims and present evidence to
the NJC.

Justice Onnoghen is being investigated for alleged suspicious
payment of about $3million into some of his accounts.

The NJC, which has received petitions from some individuals, has
queried Justice Onnoghen and the acting CJN, Justice Ibrahim Tanko
Muhammad,

The NJC may reconvene today following the expiration of the
seven-day ultimatum given to Justice Onnoghen and the Acting CJN to
defend themselves on the allegations against them.

It was learnt that some of the allegations border on findings by
some agencies, including the EFCC, the Nigerian Financial
Intelligence Unit (NFIU) and other security institutions.

A source, who spoke in confidence, said the NJC had received
responses from Onnoghen and the Acting CJN.

The source said: “Members of the council will now review the
allegations and the defence of those affected.

“The onus is now on those who alleged infractions or abuse of
office by the CJN to prove their allegations beyond reasonable
doubt. The Anti-corruption and Research Based Data Initiative and
Agbakoba will have to prove their claims.

“The NJC is already in receipt of responses from Onnoghen and
Muhammad but they cannot be divulged to the public.

“Going by the tradition of the NJC, Onnoghen and Muhammed can
appear with their counsel to strengthen their case.”

The source also added that some agencies like the EFCC and other
intelligence organizations might be asked to clarify a few things
by the NJC.

“Based on the petitions by some groups and individuals before
the NJC on Onnoghen, the acting CJN, Justice Ibrahim Tanko
Muhammad, and the Code of Conduct Tribunal (CCT) Chairman Danladi
Y. Umar some detectives from the EFCC, NFIU and other secret
agencies may appear before the NJC.

“In suspending Onnoghen, President Muhammadu Buhari had relied
on the fact that the security agencies had since then traced other
suspicious transactions running into millions of dollars to the
CJN’s personal accounts, all undeclared or improperly declared as
required by law.”

The security agencies have put their detectives on standby for
the NJC’s invitation.

“Our teams are ready with heaps of evidence. It is left to the
discretion of NJC to invite the agencies concerned on their
findings on the CJN,” a security chief said.

But a source said the real battle in NJC might be on the
propriety or otherwise of Justice Onnoghen’s suspension by
President Buhari on January 25.

Another source said: “Those backing the CJN have alleged that
Buhari acted illegally and the NJC must reverse the suspension
before looking into the merits or otherwise of the allegations
against him.

“But those who supported the suspension have continued to rely
on Section 231 (4) and (5) of the constitution.

Section 231(4) says: “If the office of Chief Justice of Nigeria
is vacant or if the person holding the office is for any reason
unable to perform the functions of the office, then until a person
has been appointed to and has assumed the functions of that office,
or until the person holding the office has resumed those functions,
the President shall appoint the most senior Justice of the Supreme
Court to perform those functions.”

Section 231 (5) says: “Except on the recommendation of the
National Judicial Council, appointment pursuant to the provisions
of subsection (4) of this section shall cease to have effect after
the expiration of three months from the date of such appointment,
and the President shall not reappoint a person whose appointment
has relapsed.”