News

NJC recommended Onnoghen’s compulsory retirement – Buhari

Published

5 years ago

June 4, 2019

Eric

President Muhammadu Buhari has finally opened up on the National Judicial Council’s recommendation on the erstwhile Chief Justice of Nigeria, Justice Walter Onnoghen.

The court documents filed on behalf of the Federal Government, Attorney General of the Federation and Buhari revealed that the NJC recommended Onnoghen’s compulsory retirement.

The documents obtained on Monday, stated that Onnoghen was recommended for compulsory retirement based on a petition by the Economic and Financial Crimes Commission “alleging financial impropriety and infidelity to the Constitution”.

This is contrary to speculation of the NJC’s offer of “voluntary retirement” of Onnoghen, following the refusal of the council to make public its recommendation of April 5, 2019.

The documents were filed by the Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr Dayo Apata, on behalf of the three out of a total of seven defendants in opposition to a suit instituted by Malcom Omirhobo Foundation.

The plaintiff in the suit dated April 8, 2019, sought an order of the Federal High Court in Abuja stopping the confirmation and appointment of acting CJN, Justice Tanko Muhammad, in a permanent capacity.

It faulted Buhari’s unilateral suspension of then-CJN on January 25, 2019 without the input of the Senate and NJC.

The defendants to the suit are the NJC, FJSC, Justice Muhammad, Federal Government, Buhari, AGF and Senate.

Apata filed a response comprising a counter-affidavit along with a written address and a notice of preliminary objection.

In the court documents, the trio, apart from confirming that the NJC recommended Onnoghen’s compulsory retirement they also confirmed officially for the first time that Onnoghen, subsequently on April 6, 2019, submitted his voluntary letter of resignation to Buhari.

Both the NJC’s recommendations and Onnoghen’s voluntary retirement came less than two weeks to the judgment of the Code of Conduct Tribunal, convicting Onnoghen and ordering, among others, his removal from office.

The documents were however silent on the action the government had taken on Onnoghen.

The defendants’ counter-affidavit read in part, “That the 1st defendant (NJC), after deliberating on a petition by the EFCC alleging financial impropriety and infidelity to the Constitution against the former Chief Justice of Nigeria, recommended his compulsory retirement.

“That the Chief Justice subsequently turned in his letter of resignation letter to the 5th defendant (Buhari).”

In their written address, they said the contention by the plaintiff that Onnoghen was removed by Buhari on January 25, 2019 was wrong.”

They stated that Onnoghen was only suspended.

They also reiterated the point that the NJC recommended Onnoghen for compulsory retirement in the written address.

They concluded that the NJC’s recommendation, his subsequent voluntary resignation and his conviction by the CCT ordering his removal from office on April 18, 2019, showed that the ex-CJN was merely suspended as of January 25.

Apata stated, “To further buttress our contention that it was not a removal but a suspension, three developments stand to support our position.

“First, after the suspension, the NJC sequel to a petition by the EFCC which they found to be meritorious, recommended compulsory retirement of Justice Onnoghen on April 5, 2019.

“Secondly, Justice Onnoghen himself subsequently tendered his resignation from service.

“Thirdly, the CCT eventually ordered his removal from office and cessation to hold public office for 10 years.

“All the three developments referred to above could not have happened if Justice Onnoghen had been removed and his seat declared vacant by the 4th and 5th defendants (the Federal Government and Buhari) on January 25, 2019. We submit and urge my lord to so hold.”

Onnoghen was suspended by Buhari on the basis of an ex parte order issued by the CCT where charges of false and non-declaration of assets were instituted against him on January 11, 2019.

Justice Inyang Ekwo on Monday fixed Friday for the hearing of the suit.

News

Ex-Gov Bello Stripped of Security Details, Placed on Watchlist

Published

43 mins ago

April 19, 2024

Eric

The Nigeria Immigration Service (NIS) has placed Yahaya Bello, former governor of Kogi, on a watchlist, just as the police headquarters in Abuja “ordered the withdrawal of all men attached to his excellency Alhaji Yahaya Bello, former executive governor of Kogi state”.

Bello was declared wanted by the Economic and Financial Crimes Commission (EFCC) on April 18 after his absence from the federal high court in Abuja “stalled his arraignment”.

The anti-graft agency alleges that Bello, alongside Alli Bello, chief of staff to Usman Ododo, governor of Kogi; and one Daudu Suleiman, diverted about N80.2 billion belonging to the Kogi government.

In a statement signed by DS Umar, assistant comptroller of immigration, on behalf of Kemi Nandap, comptroller-general of the NIS, the agency said “the above named person has been placed on watch list”.

“The subject is being prosecuted for breach of trust and money laundering. If seen at any entry or exit point, he should be arrested and referred to the Director of Investigation for further action,” the statement reads.

On April 17, the EFCC ended its siege on Bello’s residence in Abuja after Usman Ododo, governor of Kogi, arrived at the house and was later seen leaving with his predecessor.

News

N80.2b Fraud: EFCC Declares Ex- Gov Bello Wanted

Published

19 hours ago

April 18, 2024

Eric

The Economic and Financial Crimes Commission (EFCC) has declared the immediate past governor of Kogi State, Yahaya Bello, wanted. Yahaya Bello was declared wanted for offences bordering on economic and financial crimes, with special emphasis to an alleged N82.2 billion fraud.

This was contained in a press statement made available to news men on Thursday.

The statement signed by Commission’s management reads as follows:

“Former Kogi State Governor, Yahaya Bello, is wanted by the EFCCfor offences relating to economic and financial crimes to the tune of N80.2 bn.

“Anybody with information as to his whereabouts should report immediately to the commission or the nearest police station.”

News

EFCC Seeks Military’s Help to Arrest Fleeing Ex-Gov Bello

Published

21 hours ago

April 18, 2024

Eric

Justice Emeka Nwite of the Federal High Court Abuja, on Thursday, adjourned to April 23, the suit instituted by the Economic and Financial Crimes Commission (EFCC) against the immediate past Governor of Kogi State, Mr. Yahaya Bello.

The adjournment is for substituted service and possible arraignment of Bello for alleged N84billion money laundering.

At the sitting, counsel for the EFCC, Kemi Phinro, told the court that Bello was absent from court for his arraignment because he was being protected by someone with immunity.

Phinro complained that the former governor was whisked out of his Abuja residence by the same person with immunity.

Phinro said the anti-graft agency might seek the help of the military to fish him out to come face his arraignment.

Responding to this submission, Yahaya Bello through his counsel, Abdulwahab Muhammad, told the court that there is an order of the court restraining the EFCC from arresting or arraigning him.

Muhammad said a Kogi State High Court had on February 9, 2024 restrained the EFCC from arresting or arraigning the former governor.

He added that the EFCC has appealed the ruling and the Court of Appeal was yet to decide on the matter.

He pointed out that the action of the EFCC was unconstitutional and the court lacked jurisdiction to entertain any charge from the EFCC.

Counsel for the EFCC, however, disagreed with the submission of the counsel to Bello.

The EFCC counsel held that the ruling in the substantive matter on the suit was delivered on March 17, 2024 by the Kogi State High Court.

He cleared the air that the court in its ruling held that for the former governor to be arrested or arraigned, the EFCC must first seek leave from the court to do so.

He said it was in line with that judgment that the EFCC, through an exparte application, filed for the order seeking the arrest of the former governor which was granted by the court.

Counsel for Yahaya Bello, however, insisted before the court that the order for the ex-governor’s arrest was made out of jurisdiction. He said the former governor is not a fugitive, but relying on the order of the Kogi State High Court to take protection.

On Wednesday, EFCC operatives stormed Bello’s residence in the Wuse area of Abuja and spent most part of the day attempting to arrest the former governor whom the Commission later confirmed was whisked away by his successor.

The EFCC subsequently warned members of the public that it is a criminal offence to obstruct officers of the Commission from carrying out their lawful duties.

The Commission’s spokesperson said that Section 38(2)(a)(b) of the EFCC Establishment Act makes it an offence to prevent officers of the Commission from carrying out their lawful duties.

According to him, culprits risk a jail term of not less than five years.

“On several occasions, operatives of the Commission have had to exercise utmost restraint in the face of such provocation to avoid a breakdown of law and order.

“Regrettably, such disposition is being construed as a sign of weakness.

“The Commission, therefore, warns that it will henceforth not tolerate any attempt by any person or organisation to obstruct its operation as such will be met with appropriate punitive actions,” the statement added.