“Freedom is never voluntarily given by the oppressor, it must be demanded by the oppressed” (Martin Luther King, Jnr).

Justice Walter Onnoghen who was unfairly disgraced out of office presumably as a crook by former dictator President, General Muhammadu Buhari, has just demonstrated this apophthegum through three appeals, namely CA/A/375/2019; CA/A/37/SC/2019 and CA/373C/2019.

He valiantly fought for his freedom through these three appeals against his April 18, 2019 outrageous conviction which was schemed by Buhari and his kitchen cabinet to humiliate Onnoghen out of the Bench so as to make CJN, his preferred candidate (Justice Tanko Mohammed), CJN (rtd.) on the eve of the 2019 presidential election.

Buhari knew he had performed dismally and would be rejected at the polls by angry and hungry Nigerians. So he went Judge-shopping. The rest as they say is history.  The legal saga of Justice Walter Onnoghen is not just the story of one man’s acquittal, but a larger commentary on the poor state of Nigeria’s judiciary and the ever-present tensions between political power wielders and judicial independence.

It is a story fit for a Grammy Award movie. His acquittal on 4th November, 2024, by the Court of Appeal in Abuja, marked a significant chapter in Nigeria’s legal history, casting a powerful shadow of doubt and curious spotlight on the principles of separation of power, due process, the sanctity of judicial independence and the perils inherent in political intervention.

The appeal that restored Justice Onnoghen’s hard-earned reputation and returned his assets to him is also a profound testament to the importance of procedural integrity and jurisdictional boundaries in any democratic society.

I had the opportunity in the nineties to appear before the brilliant Judex while he was a High Court Judge of the Cross River State Judiciary, Calabar.

I know he was a man of integrity and character. During the infamous Onnoghen’s trial by ordeal, I made many interventions. In one, I said:“A strong judiciary is one of the irreducible fundamental platforms for any meaningful constitutional democracy. If you terrorise, intimidate, harass and humiliate the judiciary, using strong hand and brute force, it is a stage set for bidding democracy farewell”- Mike Ozekhome, SAN(https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).

In a world where the judiciary stands as the final arbiter of justice, Justice Onnoghen’s story is one of a victim who faced unprecedented tribulations, endured a long agonising path to redemption.

He ultimately emerged victorious. The appeal process that culminated in his acquittal is a reminder that justice may sometimes be delayed, but it can never be forever denied.

The verdict by the Court of Appeal represented a turning point in a legal drama that had captivated Nigerians and raised profound questions about the nature and quality of justice in the country.

On the 4th of November, 2024, a three-member panel led by Justice Abba Mohammed ruled in favour of the ex-CJN, Walter Onnoghen, acquitting him of the charges initially levied in 2019 by the Code of Conduct Tribunal (CCT) in 2019.

This decision not only vacated the earlier conviction but also ordered the unfreezing of all his bank accounts, thus restoring his financial freedom that had been denied him since the controversial trial began.

I have been overwhelmingly vindicated in all my angst and ventilations against the victimhood suffered by Onnoghen.

Hear me:“The CJN can be removed from office either if he has been convicted or if under section 291 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote” – Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del).(12th January, 2019).

The acquittal judgement was predicated on a legal principle central to the Nigerian jurisprudence which articulates around jurisdiction. The Court of Appeal asserted that the CCT had no authority in the first instance to try and convict Justice Onnoghen having not passed through the National Judicial Council (NJC).

This oversight,the appellate court argued,rendered the entire proceedings null and void. This requirement had been emphasized in Nigerian case law with decisions such as FRN v. NGANJIWA (2022) LPELR-58066(SC) and OPENE v. NJC & ORS (2011) LPELR-4795(CA), which clearly emphasise that judicial officers must first be vetted by the NJC before facing any criminal trial by a tribunal or court.

This process is designed to protect the judiciary and its judexes from strong-hand politicians and political interference, thus ensuring that judges are treated with the respect, dignity and due process that their offices richly     deserve.

I had angrily queried:“…Our system of justice being Anglo-Saxon based, which is accusatorial, meaning that the innocence of a person is presumed. It is different from the criminal justice system of the French model which is inquisitorial,wherein the guilt of an accused person is presumed. This doctrine has been encapsulated in section 36 of the 1999 Constitution, as amended, that the person’s innocence is presumed until he has been proven guilty.

“Assuming for example that Senator Bukola Saraki had been forced to resign his office when charges were brought against him before the same Code of Conduct Tribunal almost three years ago, what would have happened and what would have been his fate when the Supreme Court eventually discharged and acquitted him of the charge,following judgements and earlier order of the Court of Appeal and the Code of Conduct Tribunal itself?

“If you ask me, I sense serious political undertones oozing from this so-called imminent arraignment of the noble CJN.

Question,when did they discover the alleged offence for which they now want to charge him on Monday? Was it just yesterday, was it last week, two weeks or six months ago? The CJN has been in office now for well over one year, how come that this misconduct or whatever offence that he is being alleged, was not seen up to now? How come, that it is just less than 40 days to the 2019 Presidential election, when the CJN is going to play the major role in constituting the Presidential election petition tribunal, that he is being moved against? Who is afraid of the Judiciary?  Who is afraid of Justice Onnoghen and his impartiality and straightforwardness?  How come we are reducing governance in Nigeria to one of impunity, one of despotism and one of absolutism. Don’t this people know that the world is laughing at us?

“Did we not see how Dino Melaye was yanked out from police hospital and taken to DSS quarters when he had no business or case with the DSS and DSS had no case against him. Did they not see Dino Melaye, a serving Senator of the Federal Republic of Nigeria, sleeping in the open yesterday? Do they go on social media and do they watch international televisions? Do they know how the whole world is deriding us in this country?

“That governance has been reduced to mere witch-hunt, very opaque, very unaccountable, very un-transparent and very very fascist! Can’t they see that?”- Prof. Mike Ozekhome, SAN (https://www.pulse.ng/news/politics/mike-ozekhome-reacts-to-allegations-against-cjn-onnoghen/zdx9del). (12th January, 2019).

My intervention as far back as 2019 served as a reality-check, pointing out that removing a Chief Justice can never be a whimsical decision; it is bound by the checks and balances that keep our justice system watered.

My then reference to “impunity, despotism, and absolutism” hit like a huge hammer, evoking the imagery of a judiciary under siege of political transaintionists.

By drawing parallels with then Senators Saraki and Dino Melaye’s own public tribulations, I attempted to paint a vivid picture of a prostrate justice system afflicted by power jackbootism.

Justice Onnoghen’s acquittal is a clear victory for judicial integrity, independence and an affirmation that the judiciary cannot be used as a pawn on political chessboards. The ruling also reinforces the fact that procedural lapses, especially in matters bordering on citizens right and high-ranking judicial officers, are unacceptable and grossly violate the principle of fair trial.

As the Bible counsels in Proverbs 31:9, “Speak up and judge fairly; defend the rights of the poor and needy.” This verse captures the essence of due process, emphasizing that justice must be dispensed with fairness and respect for established procedures.

I did not mince words then in condemning the executive lawlessness unleashed on Onnoghen:”It must be pointed out that this latest step by the CCT… appears to be teleguided by the dictatorial Executive, especially the presidency” – Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).(14th February, 2019).

The ugly circumstances surrounding Justice Onnoghen’s initial trial and conviction by the CCT underscore the potential dangers when procedural norms are bypassed.

My passionate critique of the dastardly role played by the Buhari-led administration from 2015 to 2023 as regards Onnoghen’s trial by ordeal revealed the high stakes which were at play. By overstepping the NJC, I had warned then that unchecked executive power could encroach upon the independence of the judiciary which will ultimately undermine the very foundation of democracy.

Justice Walter Onnoghen’s acquittal by the Court of Appeal is not just a victory for one individual, but a landmark affirmation of a fundamental principle of law,that jurisdiction is the bedrock of any valid legal proceeding.

Without proper jurisdiction, any judgement rendered is, as many legal scholars have agreed on, will merely be an exercise in futility. This principle is enshrined in our legal jurisprudence to protect the sanctity of judicial offices and prevent arbitrary persecution.

The Court of Appeal’s decision to vacate Justice Walter Onnoghen’s conviction reaffirmed this core legal tenet, sending a clear message that the judiciary is not a toothless bulldog and tool to be wielded by the executive or any other arm of government.

“Injustice anywhere is a threat to justice everywhere” – Martin Luther King Jr. The Nigerian legal framework, supported by landmark cases such as FRN v. NGANJIWA (Supra) and OPENE v. NJC & ORS (Supra), outlines that the NJC must first investigate and make recommendations regarding any allegations against judicial officers before any trial can commence at the CCT.

This process serves as a bulwark against arbitrary trials, ensuring that judges are not subjected to undue pressure or political intimidation.

I had also then warned about the dangers posed whenever these procedural safeguards are disregarded:“The CCT was unrelenting: it discarded its earlier precedents; ignored court rulings barring it from trying Onnoghen. It was the case of the falcon not hearing the falconer”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019).

Thus, five years ago (2019), I was nothing short of prophetic.I had foreseen the critical blunders and overreaches that would compromise the integrity of the judiciary in the Onnoghen saga.

My warnings were very clear then about the dangerous precedent that was being set in bypassing due process and using the judiciary as a tool for political manoeuvring. As events have now unfolded, my observations then have proven me to be a visionary critic who critiques (not criticises) a justice system that was then on the brink.

I had cautioned against the erosion of judicial independence in the face of executive influence. I had given nine reasons why the CCT’s arrest order on and trial of Justice Onnoghen could not stand.See: (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).

My list was not just a check-list of procedural irregularities; it was also an indictment of a system seemingly hijacked by political buccaneers. Each point landed like a blow, revealing layers of oversight that were by-passed; up to the requirement for humane treatment under the ACJA that was ignored.

I meticulously built my case, demonstrating that Onnoghen’s trials were not just about one man, but about the sanctity of the judicial process itself. It was persecution, not prosecution.

My vivid metaphor of the then CJN being “mob-lynched,” painted a grotesque picture of a judiciary cornered by hidoues forces intent on humiliation rather than achieving justice.

Justice Onnoghen’s acquittal by the Court of Appeal thus serves as a reaffirmation of judicial independence, reminding all branches of government that the rule of law cannot be compromised for political expediency.

As the Bible says in Psalm 82:3,“Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.”

These words resonate deeply in the context of Onnoghen’s trial, encapsulating the judiciary’s duty to protect the innocent from unwarranted persecution and uphold the principles of justice.

Justice Walter Onnoghen’s journey from indictment to acquittal reflects a deeper narrative about the political undertones that permeated his trial. His suspension by then President Muhammadu Buhari which took place only weeks before the 2019 presidential election, had raised significant concerns about the timing and motivations behind the charges.

Many saw it as an attempt to influence the judiciary ahead of a critical election, a sentiment I shared and eloquently captured in “Onnoghen… knew that his fate had been pre-determined by the cabal, signed, sealed and delivered”- Prof. Mike Ozekhome, SAN (https://www.thecable.ng/ozekhome-onnoghen-resigned-because-the-cabal-had-sealed-his-fate/). (6th April, 2019)

The timing of the charges,as well as the swiftness with which Onnoghen was brought to trial, laid validation to public perception that Justice Onnoghen was merely targeted for his position and influence within the judiciary.

Like I put it then, “Many facts bear this simple deduction out. The petitioner, an NGO, actually committed the Freudian slip by anchoring its petition on ‘bearing in mind the imminence of the 2019 general elections’” – Prof. Mike Ozekhome, SAN (https://dailytrust.com/ozekhome-charges-judiciary-to-shut-down-courts-over-onnoghen/). (13th January, 2019).

The Bible,in Proverbs 21:15, declares, “When justice is done, it brings joy to the righteous but terror to evildoers.”

The acquittal of Justice Onnoghen,in this light,is therefore not just a personal victory but a broader triumph for all who value justice and integrity.

Like I noted then,“Justice Onnoghen’s removal was also an attempt by the executive arm of government to have a firm control of the nation’s judiciary”- Prof. Mike Ozekhome, SAN (https://dailypost.ng/2019/02/13/ozekhome-gives-nine-reasons-cct-arrest-order-onnoghen-cannot-stand/).(13th February, 2019).

Ultimately,Justice Walter Onnoghen’s acquittal is a landmark victory for judicial independence and a testament to the enduring principles of justice and due process. His journey from indictment to acquittal serves as a potent reminder that the rule of law must remain inviolable, even in the face of political pressures.

Onnoghen’s case will remain a watershed moment in Nigeria’s legal history, a vivid reminder that the judiciary’s role is to safeguard the rule of law, protect citizens’ rights and ensure that democracy even when faced with formidable forces of political influence, triumphs.

It should be able to skillfully navigate through the ever present interplay of centripetal and centrifugal forces.

As Nigeria continues to evolve as a work-in-progress, Justice Onnoghen’s exoneration stands as a powerful reminder to us all that, in the words of Proverbs 21:3, “To do what is right and just is more acceptable to the Lord than sacrifice.”

Congratulations, Milord. Enjoy your hard won-back integrity, honour and dignity.

 

By Ebun-Olu Adegboruwa,SAN

 

 

In 2019, I wrote a piece narrating the harrowing experience of customers with virtually all the banks in Nigeria. A friend of mine who is a seasoned banker by all accounts, read it and came to me to explain the challenges of the banking system.

 

 

 

 

The following week on September 24, 2019, I wrote a Rejoinder titled Banking with Less Tears. The sordid situation of bank customers has worsened as they now bank with blood. Everything has crashed and no one is in charge at all. Some banks claimed to have upgraded their networks recently, even though it has now turned out to be a downgrade.

 

 

 

 

Since then,these banks have taken over the funds of their customers, and put them at the receiving end. You are not allowed to view your statement of account, you do not know your balance and you cannot even trace or trail your transactions.

 

 

 

 

 

It is that bad.You just accept what the banks tell you, as if we are in some animal kingdom where there is no law and order.It has become a wicked game of chance, at times putting the lives of customers at risk in emergency cases.

 

 

 

 

Permit me to share a scenario with you. It is the end of the month and I needed to pay the salary of members of staff who have worked diligently throughout the month. My banking App was acting crazy showing me that the system could not process my request or that my session had expired and so I kept trying until a few minutes later, I started receiving debit alerts in multiples, indicating that the same transactions that the bank claimed had failed actually succeeded in multiple trials.

 

 

 

 

 

I then had to start tracing all my recipients one after the other to get them to confirm the multiple transfers and to make refunds to me. Then another ugly scenario occurred.

 

 

 

A particular transaction was posted as successful from my end and I was promptly debited but the beneficiary did not receive value for the transfer. We were advised by the bank to wait for some days and we waited.

 

 

 

 

The bank sent us Session Number, which was to indicate that the transaction was successful, but the recipient still did not receive value for the transfer. Day ten, still no value and the bank began to tell stories of what happened in the Garden of Eden, of how Eve gave Adam the forbidden fruit and how Satan was expelled from heaven.

 

 

 

 

In this cruel and wicked plot of system or network upgrade, some Nigerian banks have now perfected the crooked style of fleecing their customers, joggling transactions at will and denying people of the use and enjoyment of their hard-earned resources.

 

 

 

 

I have lost countless transactions that cannot be traced at all. It is nothing but premeditated fraud, cleverly hatched with the connivance of the supervising authorities, who all turn the blind eye.

 

 

 

 

The reality is that banking business in Nigeria has become a pain for the majority of our people. And this should not be so at all, if the relevant authorities wake up to assert their regulatory powers under the law.

 

 

 

From my own personal experience and the cases that I have handled, I do believe that banks in Nigeria are having a field day feasting on their customers. I’ve seen and handled cases, where great dreams, robust projects and laudable visions, have been shattered and eclipsed by banks, in the name of loans or other facilities.

 

 

 

 

The corruption in the banks is mind-boggling,with billions of Naira ending up in the pockets of bankers. This cannot and should not be allowed to continue.Every financial institution must be compelled to operate in a transparent and an accountable fashion, they should grant their customers access to their funds and avail them of all banking transactions as and when due.

 

 

 

 

 

No bank should be allowed to keep to itself the details of banking transactions of its customers. The bank-customer relationship is fiduciary in nature, planted on the solid foundation of trust and confidence.

 

 

 

 

 

Any and all funds held in trust by the bank for a customer should not be subject to secret, whimsical and subjective dealings. It is not enough for the Central Bank of Nigeria to ask customers to escalate breaches by the banks to the CBN.

 

 

 

 

These sharp practices are prevalent with almost all the banks so they are widespread and should be within the knowledge of CBN. The open and hidden bank charges have no end, they come in different patterns and they have no limits until the account is ultimately liquidated.

 

 

 

You walk into the bank or the bank walks into your office, to open an account. The account opening package is deliberately drafted in such a way that you would need prayers to fill them. The terms and conditions of the relationship are so lengthy and boring that you’re just left with no option than to accept them the way they are.

 

 

 

Then by month end you get to know what you really signed in for, when the debit alerts start hitting your mailbox as follows: “Stamp Duty Charge”, “Account Maintenance Charge”, “Monthly Maintenance Charge”, “SMS Charge”, “ATM Maintenance Charge”, etc.

 

 

Meanwhile,you do not get any debit alert of Cost of Transaction (COT) charges, usually very outrageous, but normally concealed.

 

 

 

 

Pray, what other transaction did you open the account for, if not to cover all your financial dealings? And why the duplicitous charges? I opened an account with a bank with some thousands of naira. I decided to keep the money for some time just so I could have it again in future. In the months to follow, I was hit with charges upon charges, even when I did not operate the account to withdraw from it.

 

 

 

 

As of today, the account is virtually empty and drained, through heavy monthly maintenance charges and other sundry deductions. I have left the account intact, waiting for the day the entire money would finish and then proceed to serve the bank court notice for all the fraudulent deductions.

 

 

 

For well over three or four years now, that bank account has not been rendered dormant for the purpose of their monthly deductions, but if you have anything urgent to use the account for, you’ll be told to go and activate it, meanwhile the monthly deductions are automatic in favour of the bank, even when it is said to be inactive.

 

 

 

 

Now we are told not to carry cash but all theATMs are dry and empty and you are forced to buy Naira in Nigeria. Many times, the POS machines decline transactions, debit your account and then force you to still go and look for cash anyhow, in order to trade. Then you are told to go to your bank to document a five thousand naira transaction or wait for automatic reversal, which in some cases never comes.

 

 

 

I have lost a lot of money in this process as when I weigh the cost of going to the bank, the time to be wasted and what I stand to lose thereby, I just allow the bank to walk away with the money, at times running into thousands of naira.

 

 

 

 

And you can very well imagine that this goes on in all the banks, whereby on a daily basis, customers are being fleeced of their hard-earned resources by these smart alecs.

 

 

 

News recently broke of a bank that had accumulated close to eighty billion Naira of such funds, only for one of its trusted members of staff to elope with the fund to another land. Bank customers are forever at the receiving end as the banks are not ready to lift a finger to assist anyone but to keep declaring bogus profits every year.

 

 

 

 

A particular bank is always reported as being the very best of them all in the media and I then wonder what statistics are being used in reaching these conclusions that do not tally with the facts of what we experience with that particular bank everyday.

 

 

 

Lately, the banks have become more daring, draconian and greedy, making arbitrary deductions from the accounts of their customers.

 

 

 

Here is another of such fraudulent scenarios. A bank approached a customer to deliver credit cards programmed for foreign currency transactions. The customer is to travel, use the ATM cards for his transactions abroad and then come back to reimburse with the bank the Naira equivalent.

 

 

 

On getting to his destination, the ATM card did not work, despite all efforts made. Meanwhile, the bank is busy sending debit notes to the customer upon the said ATM card that has never been used at all.

 

 

 

 

I have read the Banks and Other Financial Institutions Act and also the Central Bank of Nigeria Act and I verily believe that CBN has only let the banks loose on their hapless customers and to get away with all manner of fraudulent activities.

 

 

 

The stories are so mind-boggling, of cases of unauthorized withdrawals from the accounts of customers, of insider trading, round trips and such other financial frauds, that go unpunished.

 

 

 

 

The banks are in custody of the account and the money, deploying technology against their customers and smiling away whilst the customer is in sorrow and penury. It is ungodly and very unfair that CBN has for so long allowed this monster to fester. No banking licence should be allowed to thrive upon any proven case of fraud.

 

 

 

None at all. In the same way that customers have been sent to their early graves and business men and women have been led to commit suicide on account of very strange and inexplicable liquidations, so also should no bank be allowed to trade or survive on fraud and mischief. The existing laws in Nigeria require CBN to act to protect bank customers.

 

 

 

 

The bank is an institution, some have been in existence for years, declaring bogus profits at the expense of their customers. Why should any institution grant a one-year loan upon very excessive interest rates and still expect the customer to pay it back in one year?

 

 

 

What kind of business will such a person execute, in a country where there is no infrastructure to support businesses and enterprisesand where the entire profit is consumed by generators and diesel?

 

 

 

This should not continue and I urge all relevant authorities to intervene urgently, to save our people. Enough of banking with tears and blood.

 

 

Over the weekend, residents of Ilorin, the Kwara State capital,were confronted with a new order from the Kwara State government restricting certain categories of vehicles from using the Ahmadu Bello Way, a major route that connects Government House, various government offices, the popular Challenge area,and also serves as an alternate road for commercial vehicles to reach Tanke,GRA, Fate,Basin,and other areas within the metropolis.