More controversies had continued to play out on the status of the embattled former Chief Justice of Nigeria on whether he resigned or retired. According to a lawyer, Adegboyega Awomolo, the lead counsel to the embattled Chief Justice of Nigeria, Walter Onnoghen in his false assets declaration trial while speaking on the status of Onnoghen, has stated that Onnoghen decision to step down is a retirement and not a resignation from office.
He said Mr Onnoghen sent his notice of retirement to President Muhammadu Buhari in line with constitutional provisions. He stated that, “What he has done is to send his notice of retirement to the President.” He added that, “Onnoghen he has done so, in accordance with the provisions of the constitution.”
He stated that the position of his client from day one has been that it is only the National Judicial Council (NJC) that can discipline him. Now that the NJC has spoken, out of respect for the NJC and the office of the Chief Justice of Nigeria and Nigerian Judiciary, his client has sent his letter of retirement, not resignation to President Muhammadu Buhari. Adegboyega Awomolo stressed that Onnoghen never resigned but retired.
Adegboyega Awomolo added that, “All he has done is to send a letter to the president, saying thank you. I have served this country for about 32 years. I want to retire. That’s all he has done.”
The decision of Onnoghen to retire from the position of the Chief Justice of Nigeria came 51 days after his trial for false declaration of assets at the Code of Conduct Tribunal (CCT) which started on 14th January, 2019.
It is important to note that Onnoghen was appointed a justice of the Supreme Court in 2005 and was recommended by the NJC for the position of Chief Justice of Nigeria on October 6, 2016, under its erstwhile leader, Mahmud Mohammed. He was, however, not confirmed by the Senate until March 7, 2017, due to the reluctance of President Muhammadu Buhari to submit his name to the Senate for confirmation. He was eventually sworn-in on March 7, 2017, by then Acting President Yemi Osinbajo, after the Senate confirmation.
Onnoghen who was born on 22nd December, 1950 was appointment Chief Justice of Nigeria and his tenure was billed to expire on 22nd December, 2020, after he attains the compulsory retirement age of 70 years. He was however suspended from office by President Muhammadu Buhari on 25th January, 2019 by citing an order of the Code of Conduct Tribunal (CCT) to support the decision.
He was however put on trial over a number of allegations, contained in a six-count charge of false assets declaration which was brought against him by the Code of Conduct Bureau at the CCT on 14th January 2019, but he did not appear for the trial, till a bench warrant was issued against him by the tribunal chairman, Danladi Umar.
Onnoghen’s suspension from office was questioned by many lawyers who argued that only the NJC and a two-thirds majority of the Senate could make such recommendation. Also his trial at the CCT was also a subject of controversy as it generated mixed reactions from different quarters.
Supporters of the trial argued that the CCT was constitutionally empowered to try any public official accused of false assets declaration if such person is not covered by the immunity clause in Section 308 of the Constitution. However, critics of the trial argue that a Court of Appeal ruling, which has not been upturned by the Supreme Court, had ruled that judges could only be tried for any alleged crime after a review of the allegations by the NJC.
According to Adegboyega Awomolo, when the NJC noted on 3rd April 2019 that it reached a decision on Onnoghen’s matter, the CJN notified President Muhammadu Buhari of his decision to vacate office. Although the NJC declined to make its resolutions public, multiple sources later confirmed that the resolutions reached included a call for Onnoghen’s compulsory retirement and the confirmation of the acting CJN, Muhammad Tanko, as the Chief Justice of Nigeria.
