The Court docket of Attraction, Abuja division, on Monday, overturned the conviction of the Umar Danladi tribunal, which discovered a former Chief Justice of Nigeria, Justice Walter Onnoghen, responsible of false asset declaration.
The appellate courtroom in a judgment, discharged and acquitted Onnoghen from the conviction delivered in opposition to him by the Code of Conduct Tribunal.
The conviction, which was delivered on April 18, 2019, was dismissed following the decision of the problems that led to his trial and conviction.
Justice Abba Mohammed, who predicated the judgment on the phrases of settlement by the Federal Authorities and Onnoghen, ordered that the 4 financial institution accounts beforehand ordered to be forfeited be returned to him.
The phrases of the settlement learn, “The Appellant herein was charged on the Code of Conduct Tribuna (CCT), on six counts dated January 11, 2019, to which he pleaded not responsible;
“The tribunal earlier than the graduation of trial, heard and granted an ex-parte software searching for for an order for the appellant to step apart because the Chief Justice of Nigeria and Chairman of the Nationwide Judicial Council, and for the President to swear within the subsequent most senior Justice of the Supreme Court docket as appearing Chief Justice of Nigeria, thereby eradicating the appellant from workplace.
“The appellant earlier than and through the trial, raised objections difficult the jurisdiction of the Code of Conduct Tribunal (CCT), to listen to and decide the matter identical having not been introduced by due technique of the legislation, because the appellant being a judicial officer, should have been reported to the Nationwide Judicial Council first; whose findings and proposals would decide the motion(s) to be taken in opposition to him;
“The appellant additionally filed an software asking the chairman of the code of conduct tribunal to recuse himself from the proceedings due to the biased conduct he exhibited through the proceedings. The events herein have expressed a collective want to settle the appeals out of courtroom.”
The assertion continued, “Pursuant to the above, it’s hereby agreed by the events as follows: That the respondent concedes the appeals within the following phrases:
“That the three appeals specifically: (1) CA/A/375c/2019 (2) CA/A/376c/2019 and (3) CA/A/377c/2019 be consolidated for the aim of listening to and settlement herein.
“That in relation to enchantment nos: CA/A/375c/2019 and CA/A/376c/2019, it’s settled that the code of conduct tribunal lacks jurisdiction to attempt to convict the appellant (a judicial officer) with out first resorting to the Nationwide Judicial Council (NJC) in accordance with the next selections: FRN vs NGANJIWA (2022) 17 NWLR (Pt.1860) 407 @ 468; NGANJIWA vs FRN (2018) 4 NWLR (Pt.1609) 301; OPENE vs NJC (2011) LPELR-4795 (CA).
“Secondly, that the tribunal lacks jurisdiction to have tried and convicted the appellant even after the appellant had tendered his voluntary retirement letter and identical was accepted unconditionally by the President of the Federal Republic of Nigeria,” amongst others.
The courtroom added that the phrases of the settlement have been voluntarily entered into by the events.