Appeal court backs moves by FG, ex-CJN Onnoghen to settle out of court
From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has backed current moves by the Federal Government and former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to settle out of court an appeal challenging his abrupt and controversial removal from office.
The development by the appellate court was predicated on submissions by parties to the effect that frantic efforts are ongoing to reach an amicable settlement of all issues captured in the appeal.
Former President Muhammadu Buhari removed Onnoghen as the Chief Justice of Nigeria in 2019 following a charge filed against him by the federal government at the Code of Conduct Tribunal.
At Thursday’s proceedings in the appeal, lead counsel to the former CJN, Dr James Onoja, SAN, informed a 3-member panel of justices that the two parties are already having discussions on a peaceful resolution of the dispute.
Onoja informed the court that the parties had an engagement up until Wednesday, September 18, and expressed optimism that the discussion would bear fruitful results.
The senior lawyer subsequently appealed to the appellate court for a one-month adjournment for final settlement of the matter.
Counsel to the federal government, Tijani Gazali, SAN, corroborated the submission of Onoja and requested that the matter be shifted forward for a possible amicable settlement.
“My Lords, I wish to humbly confirm the information. It is our position to settle the matter out of court,” he said.
In a brief remark, Justice J. O. Oyewole, who presided over Thursday’s proceedings, directed them to file terms of settlement for adoption when eventually agreed upon.
Justice Oyewole held that the terms of settlement must be documented and filed before the adjourned date for the court to adopt as its judgement in the matter.
He subsequently fixed November 4 as the return date for the two parties.
Onnoghen was prosecuted in 2019 by the federal government on false declaration of assets at the Code of Conduct Tribunal, found guilty, and removed from office.
He was also made to forfeit the undeclared assets to the federal government.
Unlike the August 20 proceedings, Onnoghen was however not in court to witness his appeal, as was the case on August 20.
In his appeal, Onnoghen is praying the Court set aside the judgement of the CCT that removed him from office and ordered the forfeiture of his five bank accounts.