CCT Dismisses Onnoghens No
CCT Dismisses Onnoghens No Case Submission
… Suspended CJN Files Appeal
… Lawyers Engage in War of words
The Code of Conduct Tribunal (CCT) has dismissed a-no-case
submission made by the suspended chief justice of Nigeria, Justice
Walter Onnoghen in the six count Non Declaration of Assets Charges,
brought against him by the federal government.
Meanwhile, Onnoghen has however filed a notice of appeal at the
Court of Appeal in Abuja to set aside the decision of the CCCT and
discharge and acquit from the charges.
The Chairman of the Tribunal, Danladi Yakubu Umar, in a ruling
on the no-case- submission held that the confessional statement
made by Onnoghen that he forgot to declare his five bank accounts
with Standard Chartered Bank was enough for Onnoghen to enter his
defence.
Onnoghen through his lead counsel Adegboyega Awomolo had urged
the tribunal to quash the charges against him on the ground that
the Code of Conduct Bureau did not comply with relevant laws before
filing the charge.
Among others, Onnoghen’s counsel submitted that the CCB, did not
investigate the petition filed against his client by Denis Aganya
before filing the charge.
He also submitted that the two asset declaration forms submitted
by Onnoghen where not verified by the CCB, as required by law
before the charges were filed.
The defense also argued that the three witnesses called by the
prosecution had their evidence discredited and that the documents
be tendered as exhibits were irrelevant because they were not the
makers and signatories to the documents.
In his ruling, Umar disagreed with the defense adding that there
are sufficient grounds to compel the defendant (Onnoghen) to defend
himself from allegations against him.
Umar specifically insisted that the confessional statement on
his undeclared bank accounts was enough to defend himself adding
that his name has been so much tainted by the statement.
The CCT Chairman accused the defence of making attempt to
prevent Onnoghen from receiving punishment due to him in relation
to his confessional statement adding that the tribunal will not run
away from giving punishment to anybody no matter his position.
Trouble however started when Awomolo applied for an adjournment
till next week Friday, April 5, 2019 to enable Onnoghen prepare for
his defence as ordered by the tribunal.
In a sharp response, the Tribunal Chairman rejected the request
and ordered that onnoghen must appear before him unfailingly on
Monday, April 1, 2019.
Pleadings by awomolo that they needed a little time for the
defense were rebuffed by Umar who insisted that the trial must be
conducted day by day.
In the drama that ensued, lawyers from the prosecution and the
defense side became emotional and engaged in a shouting match that
lasted several minutes.
Meanwhile, in a quick response to the ruling, Onnoghen has filed
a notice of appeal to challenge the ruling that he has a no case
submission.
In the notice of appeal predicated on three grounds, Onnoghen
said that the chairman and members of the tribunal erred in law
when they dismissed his no-case submission without appreciating the
provision of the law that due process was not followed.
The appellant claimed that CCB is bound by the provisions of the
Code of Conduct Standard Operation Procedure 2017, with respect to
investigation and report of investigation.
In the notice of appeal Onnoghen stated that the first
prosecution witness had informed the tribunal that what his team
did would not amount to investigation and that the investigation
had not been completed on January 10 2019, when the charges were
filled.
Onnoghen therefore prayed the court of appeal to set aside the
decision of the tribunal that he has a case to answer and that the
appeal court should allow the appeal and discharge and acquit him
from the charges.
By PRNigeria