NJC silent on Onnoghen, Muhammad in report to Buhari

• CCT to adopt final addresses April 15

National Judicial Council (NJC) has described the allegations of false and non-declaration of assets brought against the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, as sub judice and consequently abstained from considering them.

The decision was reached yesterday at its emergency meeting convened to consider the report of the five-man committee constituted to investigate the allegations of misconduct made against Onnoghen and the acting CJN, Tanko Muhammad.

According to a statement issued by its Director of Information, Soji Oye, the NJC was also silent on the fate of Muhammad for assuming office without its nod.The council was also said to have reached a decision on the petitions written by Economic and Financial Crimes Commission (EFCC) against Onnoghen.

Having conveyed its decision to President Muhammadu Buhari, NJC resolved that considering the nature of the decision reached, it would be inappropriate to make it public before conveying it to Mr. President.One Dennis Aghanya had petitioned the Code of Conduct Bureau (CCB) earlier in the year, alleging that Onnoghen breached the public service rule by failing to declare some of his assets as stipulated by law.

Meanwhile, the Code of Conduct Tribunal (CCT) has fixed April 15 for the adoption of final addresses by parties in the trial of Onnoghen.
It fixed the date following the sudden closure of the case by Onnoghen after presenting only one witness.CCT led by Danladi Umar had, last Friday, dismissed the ‘no case’ submission filed by Onnoghen and asked him to open his defence immediately.

Onnoghen’s driver since 1999 and a staff of the Supreme Court, Mr. Lawal Busari, was called to testify last Monday. The defence had also, same day, made the tribunal to subpoena an officer of the CCB, Mrs. Theresa Nwafor, to appear yesterday as the second defence witness.

But at the resumed hearing, leader of Onnoghen’s defence team, Chris Uche (SAN), informed the tribunal of Onnoghen’s decision to close his case.It was, therefore, not certain if Mrs. Nwafor was present at the tribunal, as the decision to close the case was made known shortly after both parties announced their appearances.

Recall that the defendant had on Monday indicated through his lawyer, Adegboyega Awomolo (SAN), that he would be calling two or three witnesses.But the defence counsel announced the decision of his client to close his case after calling only one witness. Before adjourning the case yesterday, the CCT chairman gave the defence till April 8 to file and serve their final address on the prosecution. But the prosecution was goven till April 11 to respond.

The tribunal instructed that any further reply on points of law by the defence to the response of the prosecution must be filed by April 15.CCT gave the dates despite the plea of the defence for 14 days adjournment within which to file the defendant’s final written address.
Umar insisted that the adjournment must be in line with the provision of the Administration of Criminal Justice Act (ACJA).