Buhari will decide Onnoghen’s fate when he comes back to Nigeria —Presidency

• Onnoghen gave retirement notice, didn’t resign —His lawyer, Awomolo
•We’re vindicated by his exit —APC

THE presidency said on Friday that President Muhammadu Buhari would take a decisive action on the career of suspended Chief Justice of Nigeria (CJN), Walter Onnoghen when he comes back from his foreign trip.

The presidential statement came amidst reports that Onnoghen had turned in his resignation letter.

Asked by Saturday Tribune to confirm if Buhari was in receipt of the CJN’s letter, the Senior Special Assistant (Media and Publicity) to the President, Garba Shehu, said: “What I will say to you is that on the Onnoghen matter, there is an important decision for the president to take upon his return. These things are in motion, and only the president can decide one way or the other.”

Lead counsel to Onnoghen, Chief Adegboyega Awomolo, a Senior Advocate of Nigeria told Saturday Tribune Friday  night that Onnoghen only gave a notice of retirement and did not resign as being speculated.

He said: “why should he resign? He only gave a notice of retirement according to the dictates of the constitution of Nigeria and the due process of law. From January 15, he has been saying it that he would follow the due process of law, which empowers only the NJC to sanction him and he has been saying that he would abide by the decision of the council, the only body empowered by the constitution to sanction judicial officers. We believe in due process unlike the other party which went to a magistrate court to obtain an order.

“Yes, he gave notice of retirement after NJC came to the conclusion it arrived at on Thursday, in the fulfiment of his conviction and stance that the council is the only body, constitutionally-empowered to sanction him. That is the position of the law and he has abided by it.

“Regarding the case at the tribunal, we are keeping an open mind and I can’t tell you exactly when his retirement notice would take effect”.

President Buhari is currently on an official trip to Jordan and the United Arab Emirates. He is due to return to the country after attending the 9th edition of the Annual Investment meeting in Dubai, UAE, scheduled for April 8 – 10, 2019.

Onnoghen, who is presently facing a six-count charge of non-declaration of his assets at the Code of Conduct Tribunal (CCT), was said to have tendered his letter of resignation on Thursday evening, a day after the National Judicial Council (NJC) recommended that he be compulsorily retired for official misconduct.

The unconfirmed report said the resignation of Onnoghen takes immediate effect, by virtue of Section 306 of the 1999 Constitution.

Saturday Tribune gathered that Onnoghen, at the beginning of his trial at the CCT, was given an option to resign but he declined.

It was also gathered that Onnoghen chose the option of resignation after the Federal Government closed its case in the charge of non-declaration of assets preferred against him and he (Onnoghen) called only one witness to prove his innocence.

When contacted, the Director of Information of the NJC, Soji Oye, who was out of Abuja, said he was not aware of such development and that the resignation of the suspended CJN was a rumour.

The Director of Information of the Supreme Court, Dr Festus Akande, who was also not in Abuja, said in a telephone conversation that he could not confirm the resignation of the suspended CJN.

The News Agency of Nigeria (NAN) however, reported that Onnoghen’s resignation letter was submitted to the Chief of Staff to the President, Malam Abba Kyari, by some Justices of the apex court.

It was learnt that the affected Justices arrived at the Presidential Villa a few minutes after President Buhari left Abuja for Jordan to participate in the World Economic Forum (WEF) on Thursday.

A presidency source confirmed that the president had, before his departure, received NJC’s recommendations on the petitions written against Onnoghen and the acting CJN, Justice Tanko Muhammad.

The report was submitted to the president by Kyari, who was accompanied by the Attorney-General and Minister of Justice, Abubalar Malami, at about 2.20 p.m. on the day.

The NJC had, on Wednesday, asked President Buhari to send the embattled CJN on compulsory retirement after deliberating on his alleged official misconduct.

Onnoghen, who is due for retirement next year, had denied all the allegations preferred against him, closed his case and the CCT had slated April 15, 2019 for adoption of written addresses in the charges he is facing before it.

After Onnoghen’s suspension, President Buhari appointed Justice Ibrahim Muhammad Tanko as acting CJN.

Adesina is currently on President Buhari’s entourage to Jordan while Shehu is in Saudi Arabia on pilgrimage.

Onneghen was born on the Decembeer 22, 1950 in Okurike, Biase Local Government Area of Cross River State.

He had his primary education at the Presbyterian Primary School, Okurike, between 1959 and 1965.

Between 1989 and 1998, he was a High Court judge in the Cross River State judiciary.

During his time as a High Court Judge of Cross River State, he was made the chairman of the state Armed Robbery and Firm Arms Tribunal and he held the post from 1990 to 1993.

Sometime in 1996, while still holding the post of High Court judge in Cross River State, he was appointed the chairman of the Judicial Panel of Enquiry into the crisis between students of the University of Calabar and Obufa Esuk Orok community in Calabar.

In 1998, he was the chairman of the Ibadan zone of the Failed Banks Tribunal.

From 1998 to 2005, he served as Justice of the Court of Appeal.

In 2007, Justice Onnoghen, as a member of the 2007 presidential election panel, delivered a dissenting judgment that indeed annulled the presidential election which had produced President Umaru Yar’Adua. His position was, however, a minority judgment.

After being nominated as the Chief Justice of the Supreme Court of Nigeria by the acting President, Professor Yemi Osinbajo, he was confirmed by the Senate on March 1, 2017, and sworn in on March 7.

Onnoghen’s trials for false assets declaration started when a petition was filed by a civil rights group at the CCB, alleging that he owned sundry accounts.

The group alleged the accounts were primarily funded through cash deposits made by himself up to as recently as August 10, 2016, which appeared to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.

The trial began on January 14 at Code of Conduct Tribunal but Onnoghen was absent.

On February 11, the NJC set up a preliminary complaints assessment committee to review the responses given to it by Onnoghen and Muhammad, who is acting in his stead.

Onnoghen is accused of failing to fully declare his assets, while Muhammad is facing allegations of misconduct.

The NJC said it reconvened and resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations.

The leadership of the All Progressives Congress, (APC) has reacted to the resignation of Onnoghen.

Reacting to the development, national publicity secretary of the party,  Mallam Lanre Isa-Onilu said yesterday  that the action of the embattled erstwhile CJN has vindicated the Presidency and the APC that he was guilty of the allegations levelled against him.