The Malicious Prosecution of Onnoghen | Nairalaw

The on-going trial of the suspended Chief Justice of Nigeria
(CJN), Justice Walter Onnoghen, appears to be reaching an
anti-climax with key prosecution witnesses’ testimonies
contradicting claims that the embattled number one judicial officer
might have corruptly enriched himself way out of his income.
Iyobosa Uwugiaren examines what appears to be a malicious
prosecution of the CJN.

For those who were still in doubt about the seemingly malicious
prosecution of the suspended Chief Justice of Nigeria (CJN),
Justice Walter Onnoghen, the proceeding at the Code of Conduct
Tribunal (CCT) last Thursday, cleared it all.
Three of the witnesses called by the federal government, on
Thursday put lies to the claims by the prosecutor – the Code of
Conduct Bureau (CCB) that the embattled CJN had 55 houses hidden
across Nigeria; that Justice Onnoghen operated foreign accounts,
where he hid away undeclared monies, running into millions of
dollars.

These were the allegations drooped on Onnoghen’s neck by one
seemingly political jobber, Dennis Aghanya, for himself and on
behalf of Anti-Corruption and Research Based Data Initiative, which
later won the executive arm of government support and dragged him
before a quasi-executive-controlled tribunal – the Code of Conduct
Tribunal (CCT) – for trial. And in spite of the fact that the
prosecutor had listed six witnesses against Onnoghen, it closed its
case after three of the witnesses testified. They are Awal
Yakassai, a former director in charge of political office at the
CCB; Ifeoma Okagbue, a banker with Standard Chartered Bank and
James Akpalla, a Senior Investigative Officer with the CCB.

Testifying at the CCT, Yakassai said the prosecutor – CCB, lied
when it alleged that Onnoghen did not declare his assets, stating
that the suspended CJN’s assets declared in 2016 were yet to be
verified by the Bureau. The witness also affirmed that contrary to
claims that Onnoghen owned 55 houses, he indeed has only five, one
of which was sold to him by the federal government.
On her part, witness Okagbue attested that contrary to claims that
Onnoghen operated a foreign account, all his accounts are
domiciliary; and domiciled in the Wuse branch of the Standard
Chartered Bank.

Reading out bank balance on Onnoghen accounts, she as well as
confirmed that the bank advanced a $500,000 facility to Onnoghen,
as of January this year. Okeagbue, who was testifying as the third
prosecution witness in the trial of Onnoghen on charges of false
and non-declaration of assets, also confirmed that the loan was
guaranteed by his investments in federal government’s bonds and
shares, among others.

She said this while being cross-examined by the CJN’s lawyer,
Chief Adegboyega Awomolo (SAN). The witness, who had earlier said
in her evidence-in-chief that Onnoghen had five accounts, said the
ones in euro, dollar, and pound sterling, were domiciliary accounts
and not “foreign accounts,” as alleged by the prosecutor.

Okeagbue in her evidence-in-chief told the tribunal that
Onnoghen maintains five different accounts with her bank in Abuja:
two of the accounts, naira accounts; one saving and the other
current; while the remaining three in pounds, dollars and euro. She
disclosed that as December 2018, one of the naira accounts has
N2.6million while the other has N12.8million. Under
cross-examination by Onnoghen’s lawyer, Okeagbue added that the
five accounts had one Bank Verification Number (BVN).

She further admitted that Onnoghen as “a discipline account
holder” was encouraged by bank to invest in profit-yielding
investment with the interest in the investment regularly credited
to his account, adding that the bank made investment on Onnoghen’s
behalf from his account.

The social media has since screamed blue murder following these
revelations before the tribunal. For many, who have always held a
strong view that the CJN was being ‘persecuted’ for obvious
political reasons, the testimonies by the federal government’s
witnesses put a huge lie on the allegations against Onnoghen,
showing that the federal government might have had other motives in
moving against him other than fighting corruption.

As a political commentator, Jimmy Ameh, put it, “It simply says
that the President Muhammadu Buhari administration, assisted by
desperately mendacious officials, was fighting corruption by
corrupt means. It also proves as truth, insinuations that Onnoghen
was being hounded for fear he may lead the Supreme Court to redress
planned fouling of the electoral process.

“The bigger question that still begs for answers is the new
national demand on Dennis Aghanya to face Nigerians with proofs of
his allegations against Onnoghen. He has to tell Nigerians, where
the 55 houses he claimed in his petition belonged to Onnoghen, are
located. He also has to come to terms with the reality of his
claims of financial impropriety against the Chief Justice. At
least, that is what honour demands.’’

To be sure, many believe that Aghanya and the prosecutor owe
sensible members of the public, comprehensive clarification as to
how they laid their hands on Onnoghen’s asset declaration form,
given that the law establishing the CCB does not allow any official
of the Bureau to release an asset declaration form to anyone.

Many legal experts, who spoke to THISDAY in confidence, said if
the tribunal is to base its verdict on the facts before it,
Onnoghen may have the last laugh.

“The prosecution’s case has crumbled and we have nothing to
defend,” a senior silk in Onnoghen’s legal team told THISDAY last
night.

The suspended CJN is facing a six-count charge bordering on
incomplete asset declaration. Media reports, particularly in the
social media, apparently stimulated by the federal government, had
speculated that the CJN had fat foreign currencies-based accounts
and scores of houses undeclared as required by law.

Following arraignment and a contentious, questionable ex parte
order by Danladi Umar-led CCT, the CJN was suspended by President
Muhammadu Buhari. And in spite of a series of litigations
challenging the constitutionality of the presidential action and
jurisdiction of the tribunal, the trial commenced.

A constitutional lawyer and former President of Nigerian Bar
Association, Chief Olisa Agbakoba, SAN, had dragged the Attorney
General of the Federation and Minister of Justice, Mr. Abubakar
Malami, SAN, to court over the arraignment of Onnoghen.

Agbakoba, in the suit he lodged before the Federal High Court in
Abuja, maintained that the six-count charge was illegal, unlawful,
wrongful, unconstitutional, null and void, praying the court to
determine, “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 Onnoghen, does
not amount to flagrant and violent disregard of the provisions of
the constitution, and due process of law.’’

Agbokaba had also prayed the court to decide whether the federal
government can competently file and maintain charges against the
CJN, before CCT, or indeed any court or tribunal without prior
recourse to the National Judicial Council, in accordance with
constitutional provisions.
The speed at which the CCB investigated Justice Onnoghen and
dragged him before the CCT, raised suspicions among many legal
experts and political monitors, with many of them reading political
motives to it.

Last week, the first witness, Akpalla, made futile attempt to
justify his action against Onnoghen at the tribunal. Akpalla in his
evidence-in-Chief had told the tribunal that the CCB on January 10
referred a petition written by the Anti-Corruption and Research
Database Initiative to his team for investigation.

He claimed that on the strength of the petition signed by one
Chief Dennis Aghanya, he visited Onnoghen in his office at the
Supreme Court, during which a cautionary statement was obtained
from him while letters were also written to the Standard Chartered
Bank for account details of the defendant with the bank.

He further stated that the following day, January 11, 2019, the
bank responded, prompting the investigating team to conclude its
investigation and prepare its report. But, under cross-examination,
the witness informed the tribunal that he did not know whether the
CCB had a central registry and register where returned assets forms
are deposited and registered.

Responding to another question, the witness said investigation
into the petition against Onnoghen was concluded ‘within 24
hours’.

However, there was drama at the CCT, when the suspended CJN
counsel, Awomolo, confronted the witness with the charge against
Onnoghen, proof of evidence, list of exhibits and witnesses, which
were all dated January 10, when investigation into the petition had
not been completed.

Also, when Akpalla, the witness, attempted to deny involvement
of the Economic and Financial Crimes Commission (EFCC) in the CCB
investigation, he was confronted by Awomolo, with documents from
Standard Chartered Bank addressed to the EFCC but tendered by the
witness.

In all, the witness said he was not aware that the charges
against Onnoghen was filed before the completion of the
investigation and declined comments on the bank’s document
addressed to EFCC, giving an indication that the anti-corruption
agency was also involved in the plot to nail Onnoghen.

And in what appeared to be a shopping for incriminating
documents against Onnoghen, the anti-graft commission last week
raided the farm of the CJN, carting away sales books, receipt
booklets, its members of staff list and other documents.

About nine EFCC operatives: a cameraman and policemen in a
Nissan bus marked Abuja BWR 627AT was reported to have raided
Wanogan Farms Limited located in the Masaka area of Nasarawa State
around 3pm and searched the entire premises for over three
hours.

A relative of the CJN had told journalists that the EFCC
operatives seized all the phones of the workers to prevent them
from taking photographs of the operation, while searching the store
houses and water tanks, perhaps, in search of dollars.

“We were at the farm on Saturday afternoon when operatives of
the EFCC arrived in a white Nissan bus marked Abuja BWR627AT. They
forced their way into the premises, harassing everyone.
“No document was presented to the manager under the claims that the
EFCC doesn’t need a search warrant. They searched his office and
made away with a list of staff members from around February last
year.

“The manager was then made to write and sign a document that
nowhere was broken into, and nothing was taken. The supervisor was
made to countersign. Both were made to do this under duress”,
Onnoghen’s relative stated.

The cashier was also said to have been harassed and made to turn
over the sales record and all receipts and invoices in his keeping
and forced to write an undertaking, releasing the sales book to
them under duress and made to write his name and designation.With
strong political motive, the seemingly strategy of President
Muhammadu Buhari has always been to name and shame in the media,
perceived political enemies it wants to pull down.

As a political commentator, Ameh said “It shows that most of the
administration’s leadership strategy had been couched in lies, sold
as lies and managed as lies to an undiscerning and noisy public
that is blinded by devotion.”

If all things go well for Onnoghen, the embattled CJN might drag
the petitioner and the prosecutor to court at the end of his trial,
for malicious prosecution, false accusation and defamation of
character.

Already, Onnoghen’s lawyer, Awomolo SAN, had informed the
tribunal of his intention to invoke section 303 of the
Administration of Criminal Justice Act (ACJA), 2015, to present a
no-case submission before the tribunal.