By Joy Yesufu
The Attorney General of the Federation (AGF) and Minister of Justice surprised the Court of Appeal on Tuesday with information saying they do not possess the case file regarding the trial of former Chief Justice of Nigeria (CJN) Samuel Walter Nkanu Onnoghen, nearly five years post-trial.
Onnoghen faced prosecution in 2019 by the federal government for false asset declaration at the Code of Conduct Tribunal, resulting in a guilty verdict and his removal from office.
He was also mandated to forfeit undeclared assets to the government.
However, during the Court of Appeal proceedings in Abuja, AGF representative Tijani Gazali disclosed to the three-member panel that the Ministry of Justice holds no documentation pertaining to Onnoghen’s trial and conviction.
Gazali, a Senior Advocate of Nigeria (SAN), clarified that the prosecution was assigned to a private lawyer based in Kano, Aliyu Umar SAN, who passed away four years prior.
Consequently, Gazali requested an adjournment from the Court to allow the federal government to retrieve essential documents from the late lawyer’s chambers to adequately respond to the appeal.
In addition, he stated that all processes served to the AGF in 2019 were directed to the private lawyer.
Gazali further mentioned that the new AGF is exploring the situation from a fresh angle to achieve an amicable resolution to the disputes at hand.
In contrast, counsel for Onnoghen, Chris Uche SAN, reminded the Court that some documents had indeed been served and acknowledged by the AGF’s office.
Uche subsequently sought permission from the Court to file for an expedited hearing, which was granted as there were no objections from the Federal Government.
Justice C. I. Jombo Ofo, presiding over the case, approved the expedited hearing and set the date for September 19 for the appeal to be heard.
Onnoghen attended the proceedings, seeking the Court of Appeal’s intervention to overturn the CCT’s judgment that led to his removal from office and the forfeiture of his five bank accounts.
