A Court of Appeal sitting in Abuja has dismissed a suit filed by the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, seeking to halt his trial at the Code of Conduct Tribunal (CCT) over asset declaration. Essentially, Onnoghen sought to stop the tribunal from arresting, arraigning and trying him on the six-count charge brought against him by the Federal Government. The presiding Justice Abdul Aboki, in his ruling, dismissed the appeal paving the way for the CCT to proceed with Onnoghen’s trial.
The Court of Appeal had earlier urged the CCT to stay proceedings in the trial pending the outcome of the application before it. The three-member panel of the court granted an interim order filed by the embattled CJN, after listening to submissions from parties in the application. Justice Onnoghen, in the suit, prayed the court to grant the stay until the determination of the appeal against the order of the tribunal made on January 14. The CCT had ordered the CJN to proceed with his argument on the jurisdiction. This was in view of the subsisting orders of court, including the Court of Appeal.
The CCT Chairman, Danladi Umar, had declined to obey court orders restraining him from proceeding with the trial, explaining that section 246 of the constitution makes it very clear that the tribunal has unquantified jurisdiction to hear any assets declaration case as may be referred to it by the Code of Conduct Bureau (CCB). He also disagreed with the request to adjourn the trial sine die on the ground of a pending appeal at the Court of Appeal.
According to Umar, section 306 of the Administration of Criminal Justice Act (ACJA) 2015, does not make provisions for stay of proceedings in a criminal matter and in the instant case, it shall not be entertained. The tribunal declared all the orders for stay of proceedings null and void. The decision of the CCT sparked some protests in Abuja.
At the resumed sitting of the CCT on Monday, the tribunal adjourned proceedings pending the determination of the case at the Court of Appeal. The verdict of the Court of Appeal yesterday has now given direction for a date to be set for the continuation of proceedings at the CCT.
Meanwhile, individuals and groups have continued to react to Onnoghen’s suspension. The Arewa Consultative Forum (ACF) faulted the position of the embattled Onnoghen that he should first be tried by the National Judicial Council (NJC). The northern group said Onnoghen could not sit as a judge over his own case. According to a statement by its Secretary General, Anthony Sani, the ACF, at its meeting held on Tuesday said it could not defend Onnoghen’s insistence that he should first be tried by the NJC, of which he is chairman, as doing so would have allowed him to sit in judgment over his own case.
Also, the president of Ohanaeze Youth Council (OYC), Mazi Okechukwu Isiguzoro, yesterday expressed backing for the move against the CJN. In a statement in Abakaliki, Isiguzoro urged Nigerians to join hands with President Muhammadu Buhari to eliminate corruption in the nation.
But the Benue State governor, Samuel Ortom, commended Senate President, Bukola Saraki and House Speaker, Yakubu Dogara, as well as the entire leadership of the National Assembly for petitioning the Supreme Court over Onnoghen’s suspension. Ortom, in a statement by his Chief Press Secretary, Terver Akase, said Saraki and Dogara had demonstrated true patriotism by leading the National Assembly to seek the interpretation of the apex court on the action against the CJN. He urged Nigerians to reject impunity and high-handedness in any disguise and be prepared to vote without the fear of intimidation during the coming elections.
Ortom spoke yesterday as suspected political thugs attacked members of the Nigerian Bar Association (NBA), Rivers State branch who tried to enforce the boycott of courts called by the Nigerian Bar Association to protest Onnoghen’suspension.
