Onnoghen’s trial: A’Court declines order restraining CCT
…As another FHC orders maintenance of status quo
…Industrial Court reaffirms earlier order stopping trial as NBA asks FG to discontinue trial
The Court of Appeal on Monday declined to issue order restraining the Code of Conduct Tribunal from proceeding to hear two separate applications today before proceeding with the arraignment of the Chief Justice of Nigeria, Justice Walter Onnoghen, for alleged misconduct.
The ruling of the Court of Appeal followed an appeal marked CA/A/44C/2019 filed by Justice Walter Onnoghen challenging the January 14 decision of the Code of Conduct Tribunal to hear today the two following applications.
First, the application filed by the Federal Government seeking an order directing the CJN Onnoghen to vacate his office and directing President Muhammadu Buhari to appoint the next most senior Supreme Court Justice as the acting Chief Justice of Nigeria pending Onnoghen’s trial.
The second an application and filed by Justice Onnoghen challenging the jurisdiction of the tribunal to try him.
Ruling on the submissions made by Adegboyanga Awomolo (SAN), who represented Justice Onnoghen at the Court of Appeal and the Director of Civil Litigation Federal Ministry of Justice, Emmanuel Omonowa, counsel for the Federal Government on Monday, presiding Justice Abdul Aboki noted that the application before the court is seeking for an order to stay proceeding.
“We have carefully reviewed it and we are of the view that no order should be made. The matter is hereby adjourned to 24 for hearing.”
The two other justices on the panel, Justices Stephen Adah and P. O. Ige, agreed with the ruling.
Earlier when the matter was called, Awomolo had told the court he would abandon his ex-parte motion since the representative of the Federal Government was in court.
He said that all processes on motion on notice have been served on respondent.
Omonowa in his reply informed that he was served on Friday but became aware of it today (Monday). He said that he needs three days to respond.
He said that the request for Court of Appeal order was not necessary because three separate Courts – Federal High Court and National Industrial Court had on January 14 made similar order restraining the Code of Conduct Tribunal from proceeding with the matter.
Federal Capital Territory High Court also made a similar order on January 15.
Awomolo, SAN, did not oppose the request for a short adjournment but he asked the court “to make a preservative order because the Code of Conduct Tribunal had scheduled to hear the two applications today (Tuesday) thus destroying the matter.”
In related development on Monday, the National Industrial Court reaffirmed its earlier order restraining the Code of Conduct Tribunal from going ahead with the trial of the CJN and adjourned hearing to January 30, to enable the plaintiff serve some of the respondents.
Meanwhile, another Federal High Court Judge, sitting in Abuja, Justice I.E. Ekwo, on Monday, issued an order directing President Muhammadu Buhari, Attorney General of the Federation, Justice Walter Onnoghen, Justice Ibrahim Tanko, Code of Conduct Bureau and Chairman, Code of Conduct Tribunal to maintain status quo, pending the determination of a fresh suit on the matter.
Action Peoples Party, the plaintiff to the suit marked FHC/ ABJ/ CS 67/2019, had asked the court for an order restraining the respondent from appointing Justice Ibrahim Tanko as the acting Chief Justice of Nigeria.
But ahead of the scheduled resumption of proceedings at the Code of Conduct Tribunal (CCT) today, the Nigerian Bar Association (NBA) has called on the Federal Government to immediately discontinue with the trial of Justice Walter Onnoghen, the Chief Justice of Nigeria.
“Now that it is obvious that the immediate goal of the Executive is to remove the CJN from office, we urge the Government to follow due process in attaining that goal”, the NBA stated.
In a statement signed by its president, Paul Usoro, SAN, the association called on the Federal Government to desist from desecrating the justice sector as well as its sponsored media trial which according to them is criminally destroying the nation’s Judiciary.
Citing 292(1)(a)(i) the NBA said: “A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances in the case of . . . Chief Justice of Nigeria . . . by the President acting on an address supported by two-thirds majority of the Senate.”
“The Constitution leaves no room howsoever for the removal of the CJN from office, whether on a temporary or permanent basis, other than through the process afore-quoted.
Being a country governed by laws, the Federal Government of Nigeria owes us a duty to comply strictly with these provisions of the Constitution for the removal of the CJN. “We therefore urge the Executive Branch of the Federal Government to please retrace its steps and discontinue the entire proceedings before the CCT forthwith and follow the constitutional procedure afore-stipulated. “As for the trial of the CJN before the CCT on the assets’ declaration charge, the NBA stands by its Statement of 12 January 2019.
Established judicial precedents, dictate that the allegations must be referred to and handled by the National Judicial Council (“NJC”) and it is only after the NJC’s pronouncement thereon against the CJN can the FGN prosecuting agencies proceed against him before any Tribunal or Court of Law. “For as long as the CJN remains a judicial officer, that process avails him and is mandatory of compliance by the FGN. Should the Federal Government however succeed in removing Honorable Mr. Justice Walter S N Onnoghen, GCON as the CJN pursuant to the provisions of Section 292(1)(a)(i) of the Constitution, there would be no need or requirement for the FGN to fulfill the NJC pre-condition ahead of his possible prosecution. With such a constitutional removal from office, Onnoghen CJN would cease to be a judicial officer and the allegations against him would not need to be determined by the NJC ahead of any possible prosecution”, the statement added. Andrew Orolua and Doosuur Iwambe, Abuja
Being a country governed by laws, the Federal Government of Nigeria owes us a duty to comply strictly with these provisions of the Constitution for the removal of the CJN. “We therefore urge the Executive Branch of the Federal Government to please retrace its steps and discontinue the entire proceedings before the CCT forthwith and follow the constitutional procedure afore-stipulated. “As for the trial of the CJN before the CCT on the assets’ declaration charge, the NBA stands by its Statement of 12 January 2019.
Established judicial precedents, dictate that the allegations must be referred to and handled by the National Judicial Council (“NJC”) and it is only after the NJC’s pronouncement thereon against the CJN can the FGN prosecuting agencies proceed against him before any Tribunal or Court of Law. “For as long as the CJN remains a judicial officer, that process avails him and is mandatory of compliance by the FGN. Should the Federal Government however succeed in removing Honorable Mr. Justice Walter S N Onnoghen, GCON as the CJN pursuant to the provisions of Section 292(1)(a)(i) of the Constitution, there would be no need or requirement for the FGN to fulfill the NJC pre-condition ahead of his possible prosecution. With such a constitutional removal from office, Onnoghen CJN would cease to be a judicial officer and the allegations against him would not need to be determined by the NJC ahead of any possible prosecution”, the statement added. Andrew Orolua and Doosuur Iwambe, Abuja
