CCT to resume trial of Justice Walter Onnoghen February 4

The Code of Conduct Tribunal (CCT) has announced February 4 as the day it will resume trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

The tribunal announced this in Abuja on Thursday following a letter from the Federal Government drawing its attention to a ruling of the Abuja Division of the Court of Appeal, which held that Onnoghen’s trial should proceed.

Onnoghen who was suspended by President Muhammadu Buhari last Friday is levelled with a six-count charge bothering on his alleged failure to declare his assets as prescribed by the law.

A statement by the Danladi Umar-led tribunal on Thursday said that the Federal Government had in a letter signed by two legal officers at the Code of Conduct Bureau (CCB), Musa Ibrahim Usman, and Fatima Danjuma Ali, applied for continuation of hearing on the charge against Onnoghen.

In the statement that was signed by the Head, Press and Public Relations, at the CCT, Mr. Ibraheem Al-Hassan, the Federal Government via the letter it sent through the CCB on Wednesday, drew attention of the Mr. Umar’s three-member panel to a ruling of the Abuja Division of the Court of Appeal, which cleared the coast for Onnoghen’s trial to proceed.

“The above subject refers. This case came up for hearing of preliminary objection to the jurisdiction of the Tribunal on the 28th of Junuary, 2019 but the Tribunal could not proceed due to the pendency of the case at the Court of Appeal.

“However, in the wake of this afternoon, 30th Junuary, 2019 the Court of Appeal has thrown out the appeal.

“Consequently on the above, we urge the Honourable Tribunal to give us a date for resumption of the trial subject to the convenience of the Tribunal, Most obliged my Lord,” the letter read in part.

The Appeal Court had on Wednesday at its resumed sitting on Onnoghen’s application on the trial at the CCT vacated its initial order that stopped the CCT from taking further steps in the case.

Justice Abdul Aboki had held that granting the suspended CJN’s motion would amount to a “fundamental interruption” of a criminal proceeding before the CCT.

It will recalled that Onnoghen himself had in a judgment he delivered in a case involving a firm owned by former National Publicity Secretary of the Peoples Democratic, PDP, Chief Olisa Metuh, Destra Investment Limited, banned the grant of stay of proceeding in criminal matters.

READ ALSO: ONNOGHEN’S SUSPENSION: It’s an Islamic agenda that must be resisted, Christian Elders say

Justice Aboki also pointed out that the suspended CJN had in another case that involved the Senate President, Dr. Bukola Saraki, identified the CCT as a special court with quasi-criminal jurisdiction. He maintained that section 306 of the Administration of Criminal Justice Act, 2015, expressly forbade courts from granting orders to stay proceedings in criminal cases.

“We cannot run away from the fact that the CCT which has quasi-criminal jurisdiction, does not have an option than to abide and apolitical the criminal laws in all proceedings before it”, Justice Aboki added.

The appellate court then dismissed Onnoghen’s appeal, stressing that the order for stay of proceedings he requested for could not be granted as a matter of cause.

“An applicant must convince the court that grant of such order will be in the interest of justice”, the court ruled, adding there was no “special or exceptional circumstance”, to warrant the suspension of the case pending against Onnoghen before the CCT.

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now