The Code of Conduct Tribunal (CCT) heard yesterday how investigators from the Code of Conduct Bureau (CCB) investigated the petition against suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen and obtained statement from him in relation to allegation of non-assets disclosure brought against him by the CCB.
An investigator with the CCB, James Akpala, told the CCT that a team of three investigators from the CCB, upon being handed a petition written against Justice Onnoghen, proceeded to conduct investigation, including visiting his office to obtain his statement.
Akpala spoke at the commencement of trial in the case against Onnoghen on Monday before the CCT.
Akpala, who testified as the first prosecution witness, was led in evidence by lead prosecuting lawyer, Aliyu Umar (SAN), and was later cross-examined by lead defence lawyer, Adegboyega Awomolo (SAN).
Under cross-examination by Awomolo, who alleged that the six-count charge against his client was drafted before the conclusion of the investigation, Akpala, who was part of the investigation team, explained how the investigation took place.
The witness said his team was assigned the petition, written against Onnoghen, on January 10. He said his team commenced investigation immediately by writing to the named banks for statements of the suspended CjN’s accounts.
Akpala said his team arrived at the suspended CJN’s office at about noon on January 11 to obtain his statement.
He said: “What happened next was that, we explained the petition to the defendant and handed over to him a copy of the petition.
“He (defendant) read through the petition and gave an oral explanation to the allegations contained in the petition. He gave the explanation to the team.
“My superior, Samuel Madojemu, requested if he was ready to record his oral explanation in writing, or the team should go back and come back some other time.
“The defendant said he was ready. He brought out a plain paper, but we team informed him that the CCB had cautionary statement form and he was equally informed that he needed a witness to observe the statement.
“The team then informed him that the witness might be a lawyer or a reputable person. The defendant then called his secretary, Jane Etu, to witness the statement.
“She sat beside the defendant and the defendant recorded the statement in his own handwriting.
“Intermittently, he went into his inner chambers to seek audience with his visitors. After some time, he would come back and continue until he ended the statement.
“The defendant signed the statement. The witness, Jane S. Edu, counter-signed. Samuel Madojemu and I (the witness) equally signed,” the witness said.
He confirmed that the petition was minuted to his team for action on January 10.
“We requested for statement of the accounts from the bank on the 11th of January,” he said.
When handed copies of the charge, list of witnesses, list of exhibits and some other documents, the witness confirmed that they were dated January 10.
Awomolo then asked the witness to confirm that as at when they (members of the team of investigators from CCB) were obtaining the defendant’s statement on January 11, the charge was already prepared.
The witness said he could not confirm the statement because his team was not involved in the filing of the charge.
He said: “We were in his (Onnoghen’s) office between 12.30 and 1.45pm on January 11. When he gave his statement the team had no idea that a charge was already filed.”
He said the team left the defendant’s office at about 2pm and concluded writing its report at about a quarter to 3pm, and later handed the report to the Deputy Director, Intelligence and Investigation, CCB.
Being led in evidence by Umar, Akpala said the investigation team included a Deputy Director, Intelligence, Investigation and Monitoring with the CCB, Simon Isaac (who acted as the leader); an Assistant Director, Intelligence, Investigation and Monitoring of the bureau, Samuel Madojemu, as a member and himself.
Apala said the Justice Onnoghen submitted two assets declaration forms on December 14, 2016.
He said one of the forms had two Union Bank accounts of the suspended CJN while the other had seven bank accounts with two kept with Union Bank and five others with Standard Chartered Bank.
The witness said the first form earlier admitted as Exhibit 2, covered the period June 8, 2005 when Onnoghen was appointed a Justice of the Supreme Court till November 22, 2014.
He said the second form admitted as Exhibit 3 was for 2015 but declared after the defendant assumed office as CJN in 2016.
The witness said the two forms were received by an official of the bureau, Awal Yakassai, on December 14, 2016.
He confirmed that the two forms had acknowledgment slips bearing the same date.
Umar tendered some documents through the witness, which the tribunal admitted as Exhibits 1 to 6.
The documents include: the petition written by Dennis Aghanya of the Anti-Corruption and Research-Based Data Initiative against Onnoghen, dated January 7, 2019 and was received by the CCB on January 9, 2019.
Also tendered were two assets declaration forms (Forms CCB1) submitted by the defendant to the CCB on December 14, 2016; Onnoghen’s account-opening package of his Standard Chartered Bank account.
The account opening package included copies of Onnoghen’s travel passport, his Supreme Court identity card and a Standard Chartered Bank’s document dated January 25, 2009 stating “original copy sighted”.
Justice Onnoghen’s hand-written statement, obtained from him on January 11, 2019 by the three-man investigation team was also admitted as exhibit.
Although Awomolo queried the competence of some of the exhibits, he promised to address the issue at the address writing stage.
Further hearing in the case has been adjourned till March 21.
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