The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has directed the Nigerian Financial Intelligence Unit (NFIU) to freeze the accounts of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
Daily Trust reports that the letter was dated January 14 and signed by Abiodun Aikomo Esq on behalf of the AGF, and titled: ‘Re: Request for Freezing of Bank Accounts Subject to Investigation and Prosecution Pursuant to Presidential Executive Order No 6 of 5th July, 2018 on the Preservation of Assets Connected with Corruption’.
It further read: “I am directed by Mr Abubakar Malami, SAN, the Honourable Attorney General of the Federation and Minister of Justice to request that you pursuant to the Presidential Executive Order No 6 of 2018, forthwith restrict normal banking operations on certain accounts belonging to Hon. Justice Walter Onnoghen pending final determination of the case against him at the Code of Conduct Tribunal.”
The bank accounts listed are: Account: 5001062686 (Euro) Standard Chartered Bank (SCB); Account No: 5001062679 (Pound Sterling SCB); Account No: 00010626SD (Dollar) SCB; Account No: 0001062667 (Naira) SCB; and Account No: 5000162693 (Naira).
However, a source in the NFIU, who pleaded anonymity, faulted the procedure for the freezing request, saying the letter ought to have been sent to the Economic and Financial Crimes Commission (EFCC), since NFIU operations are usually covert.
A legal practitioner, Tochukwu Ohazuruike also described the letter as strange because the NFIU’s powers under Section 3 and 16 of the NFIU Act does not include the freezing of accounts but just surveillance.
The NFIU, which draws its powers largely from the Money Laundering (Prohibition) Act 2011 as amended in 2012 and the EFCC establishment Act, 2004 has a core mandate as the “national center for the receipt and analysis of: (a) suspicious transaction reports; and (b) other information relevant to money laundering, associated predicate offences and terrorist financing, and for the dissemination of the results of the analysis to law enforcement and anti-corruption agencies.
He said even the EFCC, which is empowered under Section 34 of the EFCC Act, 2004 to freeze accounts suspected for commission of offence, it would still require a court order to do so.
Efforts made to reach the AGF was unsuccessful as he did not pick his calls. His aide, Othman Salihu Isah did not also respond to calls.
The Code of Conduct Bureau (CCB) filed a six-count charge against the CJN before the Code of Conduct Tribunal (CCT) over alleged failure to declare his asset upon assumption of office as provided in Section 15 (1) of the Code of Conduct Bureau and Tribunal Act C15, punishable under Section 23 (2) (a) (b) and (c) of the same Act.
But the arraignment of the CJN was stalled after the defence team of over 90 lawyers led by Wole Olanipekun (SAN) informed the chairman of the CCT, Justice Danladi Umar that he has not been served personally as provided under Section 123 of the ACJA.
The case comes up January 22.
The case followed a petition by the Executive Secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), Dennis Aghanya.
However, he Vice President Yemi Osinbajo has said that President Muhammadu Buhari did not know about plan to arraign CJN Walter Onnoghen until Saturday evening.
Osinbajo stated this on Wednesday at the third Online Publishers Association of Nigeria (OPAN) conference in Abuja, according to NAN.
“I feel very sad that is going on at all,” the vice-president said.
“He did not know that there will be any kind of arraignment till Saturday evening. He has said categorically don’t interfere with what the institutions are doing. Sometimes it has consequences like we have today.
“My take is that I rather not have a situation where members of the profession are being tried for an offence. I don’t feel good about it, as a matter of fact, I feel very sad about it, that is going on at all. But that is my position on it but I want to say that this is the way it works.”
He said although the chairman of the Code of Conduct Bureau (CCB) is new, he has gotten specific instruction that if he receive a petition, it should go through the process.
He urged online publishers to always look out for facts of on any issue.
“I will like the online publishers to go into facts of the matter,” Osinbajo said.