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FG considers out-of-court settlement with Onnoghen over removal as CJN



Tijjani Gazali, counsel representing the attorney-general of the federation, says the federal government is looking to amicably resolve issues raised by Walter Onnoghen, former chief justice of Nigeria (CJN).

 

In an appeal, Onnoghen had challenged his removal from office in 2019.

 

BACKGROUND

In April 2019, a three-member panel of the Code of Conduct Tribunal (CCT) led by Danladi Umar, chairman of the tribunal at the time, convicted Onnoghen on six counts bordering on false assets declaration and ordered that he be removed from office.

 

The panel also banned the former CJN from holding public office for 10 years.

 

The CCT ordered forfeiture of monies in five bank accounts, which the defendant was said to have failed to declare as part of his assets.

 

In the appeal marked CA/ABJ/375 & 376 & 377/2019, Onnoghen is praying the court to void and set aside the CCT’s judgment delivered against him on April 18, 2019, on various grounds.

 

The former CJN argued that the tribunal chairman was biased and denied him fair hearing.

 

Listing some of the particulars of error in the CCT’s verdict, Onnoghen argued that he was a judicial officer at the time the charge was filed against him on January 11, 2019, and could not be subjected to the jurisdiction of the lower tribunal.

 

He added that only the National Judicial Council (NJC) has the power to discipline him for misconduct and not the lower tribunal.

 

AN AMICABLE RESOLUTION

 

Although the former CJN was present in court on Tuesday, the appeal could not be heard.

 

Gazali, an acting director of civil litigation at the ministry of justice, said he was yet to be properly briefed on the matter because the case file was not with the ministry.

 

He told the court that since the death of Aliyu Umar, the former private counsel, in 2020, no one had taken over the matter.

 

Gazali said he recently got approval to be granted access to the case file. Consequently, he prayed the court for an adjournment.

 

The lawyer said the AGF wants an amicable solution to be reached by both parties.

 

Although Chris Uche, Onnoghen’s counsel, did not oppose the adjournment request, he moved the application for an accelerated hearing.

 

The appellate court granted the application and adjourned the matter to September 19, 2024.

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