The Court of Appeal, Abuja Division, on Monday declined the request by
the Chief Justice of Nigeria, Justice Walter Onnoghen, to make an order
stopping the Code of Conduct Tribunal from proceeding with his trial.
The Code of Conduct Tribunal had on January 14 fixed January 22 for hearing in the six counts of false assets declaration filed by the Code of Conduct Bureau against Justice Onnoghen.
The Code of Conduct Tribunal had on January 14 fixed January 22 for hearing in the six counts of false assets declaration filed by the Code of Conduct Bureau against Justice Onnoghen.
The Attorney General of the Federation
and Minister of Justice, Abubakar Malami (SAN), had also filed a motion
asking for an order directing Onnoghen to step down as the CJN pending
the conclusion of his planned trial before the CCT.
Two non-govermental organisations –
Centre for Justice and Peace Initiative; and International Association
of Students – had approached the Federal High Court in Abuja, praying
for orders quashing the charges against the CJN.
In response to the NGOs, Justice Evelyn
Maha of the Federal High Court, Abuja had last week issued two separate
orders directing that status quo should be maintained in Justice
Onnoghen’s case before the CCT.
In furtherance of the steps to stop the
CJN’s proposed arraignment before the CCT, his lawyers, led by Chief
Adegnoyega Awomolo (SAN), went before the Court of Appeal on Monday
wanting to obtain another restraining order against the CCT.
Awomolo told a three-man Court of Appeal
panel led by Justice Abdu Aboki, that the restraining order was
necessary to preserve the subject matter of the case at the CCT.
But Federal Government’s counsel,
Emmanuel Omonuwa, said he was only served with the court process by
Justice Onnoghen’s legal team on Monday morning and he needed at least
three days to reply.
After a short deliberation among
themselves, the three Justices of the appeal court declined granting
Awomolo’s prayer to halt the CCT proceedings against the CJN.
“We are of the view that no form of
order shall be made at his stage pending hearing of motion on notice
adjourned till January 24,” the panel ruled.
However, the National Industrial Court
in Abuja reaffirmed its last week interim order stopping the CCT
proceedings against the CJN.
The industrial court gave the restraining order in a suit filed by a lawyer, Peter Abang.
On Monday, Justice Sanusi Kado of the
NIC reinforced the restraining order following an ex parte application
moved by Abang’s counsel, James Igwe (SAN), who said he was having
difficulty serving the court papers personally on CCT Chairman, Danladi
Umar.
The judge directed that all the parties
in the suit before him should not take any step that could destroy the
substance of the case pending the hearing and determination of the
claimant’s motion for interlocutory injunction.
Joined as respondents in the suit before
Justice Kado are CCT Chairman, Attorney General of the Federation;
Inspector-General of Police; Senate President; the Federal Judicial
Service Commission; National Judicial Council and the Code of Conduct
Bureau.
At the Monday proceedings before the NIC, only the NJC was represented by its lawyer, Dr Garba Tetengi (SAN).
Meanwhile, there are indications that the Justice Onnoghen may again not appear before the CCT on the next adjourned date.
One of the lawyers on the CJN’s defence
team confided in our correspondent that the preliminary objection filed
against the charges must be dispensed with before any step could be
taken in the matter.
“The CJN will not appear before the
court. We have filed a preliminary objection to the charges. The status
must be determined and that will determine the next step on the matter,”
the counsel said.
Also on Monday, the National Chairman of
the Action Peoples Party, Ikenga Ugochinyere, told journalists in Abuja
that his party had obtained a fresh order from the Federal High Court,
restraining the Federal Government from removing Justice Onnoghen as the
CJN.
According to the copies of the interim
order made available to journalists by Ugochinyere, the order was made
against President Muhammadu Buhari, the Attorney General of the
Federation, Onnoghen, Justice Ibrahim Tanko, the Code of Conduct Bureau
and the Chairman of the Code of Conduct Tribunal.