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Onnoghen: Appeal Court Withholds Judgment on Four Appeals
Justice Walter Onnoghen has five pending appeals before the Court of Appeal in Abuja, but none of them was decided before he was convicted and removed from office by the Code of Conduct Tribunal on Thursday, Saturday PUNCH has learnt.
Onnoghen filed the sixth appeal on Thursday to challenge his conviction by the CCT.
The appeals were filed within the three months the historic trial of the ex-CJN lasted.
One of the five pre-judgment appeals Onnoghen filed on March 29 to challenge the CCT’s decision to dismiss his no-case submission has not been heard as the defence and prosecution have yet to exchange briefs on it.
While four out of the six pending appeals were heard on February 27, the Court of Appeal continues to withhold its judgments on them about seven weeks after the verdicts were reserved.
Speaking with our correspondent on Friday, one of the lawyers in Onnoghen’s legal team, Chief Chris Uche (SAN), confirmed that with the one filed on Thursday to challenge the conviction, there were six appeals relating to the trial at the Court of Appeal.
He said, “Before the judgment on Thursday, we had five appeals. But with the one filed yesterday (Thursday), we now have six appeals.
“Out of the six appeals, four have been heard, but judgments have not been delivered despite having been heard many weeks ago.”
Asked on Friday if the defence team had received the date for the judgments, Uche said, “no”.
Although the constitution gives a court a period not more than three months to deliver its judgment or ruling after the hearing of any application or a suit, Onnoghen’s legal team and aides have been expressing concerns about the delayed judgments of the Court of Appeal.
Onnoghen’s lead defence counsel in his trial at CCT, Chief Adegboyega Awomolo (SAN), had in The PUNCH’s earlier report expressed disappointment with the development when responding to our correspondent’s enquiry.
He said, “We are highly disappointed that the Court of Appeal has not delivered its judgments on the appeals by the CJN despite the far-reaching constitutional implications of the appeals.
“This is a case that affects the judiciary, but things have slowed down at the Court of Appeal.”
But the prosecuting counsel, Mr Aliyu Umar (SAN), who led the Federal Government’s team to oppose the appeals at the higher court, had also in The PUNCH’s report dismissed the concerns expressed by the defence in an interview with our correspondent.
“The Court of Appeal has three months within which to give judgments, and they are still within their right, as long as they don’t exceed three months,” Umar said.
One of Onnoghen’s four appeals already heard by the Court of Appeal challenged the jurisdiction of the CCT to hear the non-declaration of assets charges instituted against him before the CCT.
Another appeal challenged the February 23 ex parte order which President Muhammadu Buhari relied on to suspend him as the CJN and to appoint Justice Tanko Muhammad as the acting CJN on February 25.
The third appeal challenged the CCT’s refusal to be bound by the orders made by the Federal High Court and the National Industrial Court directing the tribunal to halt the CJN’s trial.
The fourth one asked the court to set aside the arrest warrant issued against him by the CCT on February 13.
On February 27, a three-man bench of the court led by Justice Steven Adah finally heard the four appeals and reserved judgments, after the cases had been previously adjourned on three occasions.
Justice Adah, who led Justice Tinuade Akomolafe-Wilson and Justice Peter Ige on the panel, said the date for the judgments would be communicated to the parties when the judgments are ready.
But seven weeks after no date for the judgment has been communicated.
The remaining two appeals yet to be heard are the ones challenging the March 28 ruling of the CCT, on Onnoghen’s no-case submission, and another challenging the judgment of the tribunal which convicted him on Thursday.
The three-man tribunal led by Danladi Umar after convicting Onnoghen, ordered his removal as the CJN and the Chairman of both the National Judicial and the Federal Judicial Service Commission.
The tribunal banned him from holding any public officer for a period of 10 years.
The tribunal also ordered the forfeiture of the money in the five bank accounts which the defendant failed to declare as part of his assets in breach of the Code of Conduct for Public Officers.
The Punch
Cameroon ’s top court on Monday declared incumbent Paul Biya, the world’s oldest president, the winner of the Oct. 12 election. Clashes with security forces left at least four protesters dead ahead of the announcement as opposition supporters rallied to demand credible results.
Biya, 92, has led the central African nation since 1982. The Constitutional Council said he received 53.66% of votes while former ally-turned-challenger Issa Tchiroma Bakary got 35.19%. The turnout was 57.7%.
In a social media post after the declaration, Tchiroma said that there was gunfire directed at civilians and two people were shot dead in his hometown in Garoua.
He said: “Toll of their attack: two dead. I wonder what will be said this time? Shooting point-blank at your own brothers — I can’t help but wonder if you’re mercenaries. Kill me if you want, but I will liberate this country by any means necessary. What blatant impunity.”
The four protesters were shot dead in Douala, the economic capital, on Sunday, as hundreds of people stormed streets in several cities. Tchiroma had claimed victory days before Monday’s announcement, citing results he said were collated by his party. Biya dismissed the claim.
According to Samuel Dieudonne Ivaha Diboua, governor of the Littoral Region that includes Douala, several members of the security forces were injured by protesters. He said at least 105 protesters were arrested.
Dozens of opposition supporters, activists and leaders have been arrested in recent days. Paul Atanga Nji, minister of territorial administration, said on Saturday the government arrested several people plotting violent attacks.
One protester, Oumarou Bouba, a 27-year-old trader in Maroua, said: “I am ready to stake my life to defend my vote. I voted for Tchiroma because I want change.”
Following the announcement of the results, Sani Aladji, a 28-year-old who works in a hotel in Maroua, said: “Nothing will change. I expected that Issa Tchiroma would bring change, which is why I voted for him. There’s rampant corruption under Biya’s regime. We are tired of that. We don’t have roads.”
Biya has ruled Cameroon longer than most of its citizens have been alive. Over 70% of the country’s almost 30 million population is below 35. The election has been the latest dramatic example of tension between Africa’s youth and the continent’s many aging leaders.
He first came to power in 1982 following the resignation of Cameroon’s first president and has ruled the country since then, later benefiting from a constitutional amendment that abolished term limits.
Critics accuse Biya of leading Cameroon from a period of relative stability into one of crisis and conflict. The country in recent years has faced attacks by Boko Haram militants in the north and a secessionist insurgency in the country’s English-speaking North West and South West regions.
That crisis, triggered by the government’s attempts to impose French in English-speaking schools and courts, has killed nearly 7,000 people, displaced more than one million more internally and sent thousands fleeing to neighboring Nigeria.
Despite Cameroon being an oil-producing country that is experiencing modest economic growth, young people say the benefits have not trickled down beyond the elites. According to World Bank data, the unemployment rate stands at 3.5%, but 57% of the labor force aged 18 to 35 works in informal employment.
“Many young people across the country and in the diaspora had hoped for change, but that their hopes have been dashed. It feels like a missed opportunity,” said Dr Emile Sunjo, a senior lecturer in international relations at the University of Buea. “Cameroon could potentially slide into anarchy.”
Source: AP
There was mild drama in court on Monday as detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, declined opening his defence against the seven-count terrorism-related charge the Federal Government preferred against him, saying categorically that there’s “no case against me”.
Kanu, who elected to defend himself after he disengaged his team of lawyers, adduced reasons before the Federal High Court in Abuja, why he would not open his defence to the charge.
Addressing the court from the dock, the IPOB leader maintained that after going through the case file, he discovered that there is no valid charge to warrant his defence.
He contended that since he had been subjected to an unlawful trial based on an invalid charge, there would be no need for him to offer any explanations or defend himself through the evidence of witnesses.
“Join me in praising God. I have gone through my case file, and there is no charge against me,” he started.
“There is no extant law in this country upon which the prosecution can predicate the charges against me. If there’s any, let my Lord read it out to me.
“So, I should not enter any defence in a charge that does not exist under any law in Nigeria. I urge you to release me today or grant me bail.”
Consequently, he shelved his initial request for the court to issue summons to compel certain persons to appear as his witnesses in the case.
Kanu, who has been in detention since 2021, had in a motion he personally signed and filed before the court, named several individuals that included serving Governors, Ministers, ex-Governors and Security Chiefs, among the 23 persons he intends to produce as his witnesses.
Describing them as vital and compellable witnesses in his case, Kanu, urged the court to grant him a 90-day period to enable him to open and conclude his defence.
He argued that expanding the initial six-day period the court gave for him to conclude his defence has become necessary in view of the number and status of the witnesses he intends to produce to give evidence in the case.
Among the proposed witnesses in the principal list he submitted before the court, included the Governor of Imo state, Hope Uzodimma; that of Lagos state, Babajide Sanwo-Olu; Minister of the Federal Capital Territory, FCT, Nyesom Wike; the immediate past Attorney General of the Federation and Minister of Justice, Abubakar Malami; as well as a former Chief of Army Staff, Gen. Tukur Buratai (rtd).
Others are the Minister of Works, Dave Umahi; the immediate past Governor of Abia State, Okezie Ikpeazu; a former Minister of Defence, Gen. Theophilus Danjuma (rtd); immediate past former Director-General of the National Intelligence Agency, NIA, Ahmed Rufai Abubakar; as well as the former Director-General of the Department of State Services, DSS, Yusuf Bichi.
In the motion dated October 21 and marked: FHC/ABJ/CR/383/2015, Kanu equally hinted that he would call other persons whose names were not on the list he submitted.
However, he ditched the plan on Monday, a development that led the court to adjourn the matter till November 4, 5 and 6 for the adoption of final written addresses.
Before the case was adjourned however, trial Justice James Omotosho implored the IPOB leader to consult experts in criminal law to explain the consequences of his decision.
It will be recalled that the court had earlier rejected a no-case-submission that Kanu filed to be discharged and acquitted.
The court dismissed his contention that the totality of evidence the prosecution tendered in the matter failed to establish a prima facie case against him.
Kanu argued that the five witnesses FG brought to testify before the court failed to prove that he committed any offence that is known to law.
Former US Vice President Kamala Harris said in a British television interview previewed Saturday that she may “possibly” run again to be president.
Harris, who replaced Joe Biden as the 2024 Democratic presidential candidate but lost to Donald Trump, told the BBC that she had not yet decided whether to make another White House bid.
But the 61-year-old insisted she was “not done” in American politics and that her young grandnieces would see a female president in the Oval Office “in their lifetime, for sure”.
“I have lived my entire career a life of service, and it’s in my bones, and there are many ways to serve,” Harris told the British broadcaster in an interview set to air in full on Sunday.
“I’ve not decided yet what I will do in the future, beyond what I am doing right now.”
The comments are the strongest hint yet that Harris could attempt to be the Democratic Party nominee for the 2028 election.
The interview follows the release of her memoir last month in which she argued it had been “recklessness” to let Biden run for a second term as president.
She also accused his White House team of failing to support her while she was his deputy, and at times of actively hindering her.
