The National Judicial Council (NJC) has abstained from taking a decision on the allegations of false asset declaration levelled against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
The NJC reached the decision not to act on the report of the five-man committee constituted to investigate the allegations of misconduct against both Justice Onnoghen and Acting CJN, Justice Ibrahim Tanko Muhammad at its emergency meeting.
In a statement signed by the Director of Information, Soji Oye on Wednesday, NJC said the matters relating to the asset declaration form has become subjudice.
Meanwhile, Oye said the counsel has reached a decision on the petition by the Economic and Financial Crimes Commission (EFCC) against Justice Onnoghen and has conveyed its decision to President Muhammadu Buhari.
“Council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to Mr. President,” he said.
The nature of the NJC recommendation to the president is not clear. But a source, who pleaded anonymity, said the finding may have cleared the path for the EFCC to begin the prosecution of Justice Onnoghen.
He however added that based on Section 292 of the Constitution, to remove the CJN, the Senate would be required to vote by two-third majority.
The EFCC petition alleged financial impropriety and having a total of $1,716, 000 in his account which it said is far above his lawful income, adding that Onnoghen received monetary gifts from some lawyers into his bank accounts.
But onnoghen had said the unsolicited funds were for his daughter’s wedding, and no other payments from lawyers could be traced to him before or after the wedding.
Petitions against Onnoghen, Muhammad
The NJC, which was summoned on January 26 and presided by retired President of the Court of Appeal, Justice Abdullahi Umar received a petition from the EFCC alleging financial impropriety against Onnoghen. The anti-graft body also accused him of non-declaration of asset since becoming a judicial office in 1989.
This is aside the petition by Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education bordering on false asset declaration.
Onnoghen was charged before the Code of Conduct Bureau (CCB) following a petition by Dennis Aghanya of the Anti-Corruption and Research Based Initiative (ARDI) alleging false asset declaration.
As for the acting CJN, the NJC received a petition from the Centre for Justice and Peace Initiative, and a petition from Lagos constitutional lawyer, Olisa Agbakoba (SAN).
Both petitions alleged misconduct against Justice Muhammad for presenting himself to be sworn-in as acting CJN without the recommendation of the NJC. Agbakoba cited the case of Justice Obisike Orji of Abia State where a panel, which also had Justice Mohammed as member, recommended for sanction against Orji.
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