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The case against CJN Onnoghen – Content of the petition

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Barring a late minute change, the Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, has a date in court in Abuja tomorrow for alleged failure to declare some of his assets, including about $3million.

Onnoghen is scheduled to be arraigned before the Code of Conduct Tribunal (CCT).

The Federal Government has already filed a six-count charge against him in that respect.

The $3million in said to be lodged in five accounts.

The domiciliary and Naira accounts in the Standard Chartered Bank are coded as USD account No. 870001062650; Euro account No. 93001062686; Pound Sterling A/CNo. 285001062679; e-Saver Savings (Naira) account No. 5001062693; and a Naira A/C No. 010001062667.

The alleged undeclared amount is put at about $3million in the evidence before the CCT.

The charge sheet is dated January 10 and filed on January 11.

Onnoghen will be prosecuted by the Code of Conduct Bureau (CCB) through the Attorney-General of the Federation (AGF), Mallam Abubakar Malami (SAN).

The application to put the CJN on trial was filed by two prosecutors, Musa Ibrahim Usman and Fatima Danjuma Ali on behalf of the Attorney-General of the Federation and the Code of Conduct Bureau.

The application reads: “Pursuant to Section 24 of the Code of Conduct Bureau and Tribunal Act, I hereby apply to the Tribunal for the commencement of trial for the offence of failure to submit all assets and liabilities contrary to Paragraphs 15(1) and (2), Code of Conduct Bureau and Tribunal Act, 11(1) of the Fifth Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria, 1999(as amended) and punishable under paragraph 18(1) and (2) of same constitution against Honourable Mr. Justice Walter S. Nkanu Onnoghen( GCON).

Banking Code

In support of this application, I attach herewith four copies of the charge, affidavit and summary of evidence consisting of a list of witnesses.

If the application is granted, we shall be relying on the facts disclosed in the summary of evidence and further evidence the tribunal may consider necessary at the trial.

I attach herewith four copies of the charge against the accused.”

In an affidavit in support of the application by an investigator with the Code of Conduct Bureau (CCB), Mr. James Akpala said “it is in the public interest to charge the CJN.”

He said: “I know as a fact that the Head Office of the Bureau received a petition alleging that the CJN failed to declare his assets according to the law.

I know as a fact that the defendant did not comply  with the provisions  of the Code of Conduct for public officers in that he failed to declare his assets after his elevation to the Supreme Court and immediately after taking oath of office in the year 2005 and he failed to declare his five Standard Chartered Bank accounts in his two forms CCB1 leveled 2014 and 2016 respectively.

The investigation had been concluded and it is in the public interest to charge the defendant. That all witnesses are ready and available to testify. That prosecution is ready to commence trial.

At the trial, the complainant will rely on the testimony of the witnesses set down in the list attached hereto and tender all relevant documents in proof of the case.”

 

The allegations against the CJN are as follows:

That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer serving as a Judicial Officer in the Federal Republic of Nigeria as a Justice of the Supreme Court failed to declare and submit a written declaration of all your assets and liabilities within the prescribed period of three months after being sworn in as the Justice of the Supreme Court of Nigeria on the 8th day of June 2005 and you thereby contravened the provisions of Section 15(1) of the Coded of Conduct Bureau and Tribunal Act Cap C15 Laws of the Federation of Nigeria( LFN) 2004 and punishable under Section 23(2) a, b, c, of the same Act.

  • That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank(Nig.) Limited Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
  • That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary (Euro) account No. 93001062686 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
  • That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare a domiciliary(Pound Sterling) account No. 285001062679 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act
  • That you, Justice Walter Nkanu Onnoghen between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely declared your assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) by omitting to declare an e-Saver Savings (Naira) account No. 5001062693 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.
  • That you, Justice Walter Nkanu Onnoghen, CJN, GCON between 8th June 2005 to 14th December 2016 being a public officer as Justice of the Supreme Court of Nigeria who is under a duty to declare his assets to the Code of Conduct Bureau on or about 14th December 2016 falsely failed to declare assets in your Declaration of Assets Form CCB 1(after you were sworn-in as the Justice of the Supreme Court of Nigeria) a Naira Account No. 010001062667 maintained with Standard Chartered Bank (Nig.) Ltd. Wuse 2, Abuja which is being operated since 2011 and you thereby contravened the provisions of Section 15(2) read along with Section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap C15 LFN 2004 and punishable under Section 23(2) a, b, c, of the same Act.

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