The Court of Appeal in Abuja on Thursday granted the request of the Federal Government and former Chief Justice of Nigeria, CJN, Justice Samuel Nkanu Walter Onnoghen, to settle out of court an appeal challenging his removal as CJN.
The decision of the court followed information to the effect that the two parties in the suit have intensified efforts to reach an amicable settlement of all issues in dispute.
Former President Muhammadu Buhari had in 2019 removed Onnoghen as the Chief Justice of Nigeria during the pendency of a charge against him at the Code of Conduct Tribunal.
However, at Thursday’s proceedings in the appeal, lead counsel to the former CJN, Dr Ogwu James Onoja, informed a 3-man panel of justices of the Appeal Court that the two parties are already having discussions on a peaceful resolution of the dispute.
Onoja informed the court that the parties had an engagement up until Wednesday, September 18 and expressed optimism that the discussion would bear fruitful results.The senior lawyer subsequently appealed to the appellate court for a one-month adjournment for final settlement of the matter.Federal government lawyer Tijani Gazali corroborated the submission of Onoja and requested that the matter be shifted forward for a possible amicable settlement.
My Lords, I wish to humbly confirm the information. It is our position to settle the matter out of court,” he said.In a brief remark, Justice J. O. Oyewole, who presided over Thursday’s proceedings, directed them to file terms of settlement for adoption when eventually agreed upon.
Justice Oyewole held that the terms of settlement must be documented and filed before the adjourned date for the court to adopt as its judgement in the matter.
He subsequently fixed November 4 as the return date for the two parties.Onnoghen was prosecuted in 2019 by the federal government on false declaration of assets at the Code of Conduct Tribunal, found guilty and removed from office. He was also made to forfeit the undeclared assets to the federal government.
Unlike the August 20 proceedings, Onnoghen was not in court to witness his appeal, in which he is praying the Court to set aside the judgement of the CCT that removed him from office and ordered the forfeiture of his five bank accounts.