Embattled former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, on Monday, lambasted the Federal Government for alleging that he confessed to the non-declaration of assets charge that resulted to his suspension from office by President Muhammadu Buhari.
According to Vanguard, Onnoghen, who voluntarily resigned his position as the CJN on April 4, maintained that contrary to Federal Government’s allegation, he did not at any time, admit that he committed any crime to warrant his trial before the Code of Conduct Tribunal, CCT, in Abuja.
Onnoghen’s lawyer, Mr. Okon Efut, SAN, stated this while adopting the defendant’s final address with respect to the charge.
“This case is about alleged non-declaration of assets or failure to make a declaration. Counts two to six of the charge complained of false declarations. We submit that where a complainant alleged false declaration, it presupposes that there was a declaration”,
On the issue of Exhibit C which was the statement, the former CJN made before the CCB, Efut said it was grossly incorrect for the prosecution to equate forgetfulness with the admittance of crime.
“This submission is grossly incorrect in law. When he said he forgot, that did not amount to a confession. He did not confess to the charge. The defendant cannot be convicted for an offence that is unknown to the law, for which there is no prescribed punishment.
“The allegation here is that he failed or falsely omitted to declare assets. But our position is that there is no such offence that is known to the law in Nigeria. Until the law is well defined, an accused cannot be punished for an unknown offence.
“There is evidence that the defendant substantially declared all his assets and it is not true that he did not declare his assets since 2005 until 2016. In fact, this argument even defeats their case because they said that he falsely declared. What we are saying is that the prosecution has woefully failed to prove its case,” the defence lawyer insisted.
