Finally, CJN gets reprieve as A’Court stops CCT trial

…Directs CCT to stay further proceedings till Jan 30

…The issue involved is jurisdictional, constitutional, and there’s need to preserve the res’

Andrew Orolua, Abuja

The Court of Appeal Abuja Division, on Thursday, ordered the Code of Conduct Tribunal (CCT) to stay all further proceedings in the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, pending its ruling on Wednesday, January 30, 2019. The three member panel of the appellate court in a unanimous ruling gave the order after taken submissions from counsel to the application filed by the CJN seeking a stay of proceedings of his trial at the CCT, pending a ruling. Delivering the ruling, Presiding Justice, Justice Abdul Aboki, stated that “this ruling is adjourned till Wednesday, January 30, the tribunal is ordered to stay all proceedings”. Earlier, while moving the application on the stay of proceedings on CCT/ABJ/01/2019 case between the Federal Government and the Chief Justice of Nigeria, Chief Wole Olanipekun, (SAN), had prayed the court to grant the stay until the determination of the appeal against the order of the tribunal made on January 14. Olanipekun informed the Court that the issue involved is jurisdictional, constitutional, and the judiciary and that there is urgent need to preserve the res (the subject matter), emphasising that the situation deserves the intervention of the Court. “The subject is strong, unique and needs to be preserved,” he argued. Olanipekun, who took time to narrate the history of the case and all that transpired at the tribunal, also informed the Court of Appeal that the tribunal had refused to obey the orders of four separate Courts, including the National Industrial Court. The tribunal, he added, had said it was not bound by the fact that this appeal is pending before the Court of Appeal, even as the Court of Appeal is ceased of the matter. He therefore urged the Court of Appeal to order stay of proceedings on the matter at the CCT in the interest of the subject matter, constitution and the institution of the judiciary. Olanipekun also prayed the court for an accelerated hearing of the appeal. Responding, counsel to the Federal Government, Oyin Koleoso, urged the Court of Appeal to dismiss the application for lack of merit, because if the appeal succeed, it will not terminate the case before the tribunal. According to him, “the grievances that initiated the application is no longer there. If their request is granted, how then would their application be taken?” On the blame that the tribunal was encouraged by the respondent not to obey court orders, he insisted that the decision of whether or not to stay proceedings is that of the tribunal and not the respondent.