Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has declined the request by the Chief Justice of Nigeria, Walter Onnoghen, to stop his trial at the Code of Conduct Tribunal.
The decision of the appellate court came as a Federal High Court has stopped President Muhammadu Buhari and the Code of Conduct Tribunal (CCT) from taking further steps with respect to the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
The tribunal had on January 14, fixed January 22 for hearing in the six-count charge of false assets declaration filed against him by the Code of Conduct Bureau.
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 hearing and determination of his trial.
But the Chief Justice of Nigeria approached the Court of Appeal for an order stopping his trial at the CCT.
Counsel to the CJN, Chief Adegnoyega Awomolo (SAN), who moved the application said the order was necessary to preserve the subject matter of the case at the CCT.
But counsel to the Federal government, Emmanuel Omonuwa, demanded three days to reply to the motion on notice.
Omonuwa told the court that he was only served the process on Monday morning and only appeared before the court out of respect.
However, after consultation, the
the three-member panel chaired by Justice Abdul Aboki, declined the request.
“We are of the view that no form of order shall be made at his stage pending the hearing of the motion on notice adjourned till January 24,” the panel ruled.
In another related matter, a Federal High Court has stopped President Muhammadu Buhari and the Code of Conduct Tribunal (CCT) from taking further steps in the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
The court also ordered the Attorney-General of the Federation (AGF), Abubakar Malami (SAN), the Chief Justice of Nigeria, Justice Onnoghen, Justice Ibrahim Tanko, a Justice of the Supreme Court and the Chairman Code of Conduct Tribunal, Danladi Umar, to maintain the status quo ante pending the determination of the motion on notice.
Justice Inyang Ekwo gave the interim orders after listening to a motion exparte brought by the Action Peoples Party.
The judge warned parties to observe the rule of law “by not doing anything that would tamper with the subject matter in the matter pending the determination of the motion on notice.”
Before adjourning the case to January 29 for the hearing of the motion on notice, Justice Ekwo further ordered for substituted service on the 1st, 3rd and 4th defendants (Buhari, AGF and Justice Ibrahim Tanko) “by delivering the processes of the 1st defendant to the 2nd defendant at the Federal Ministry of Justice, Abuja.
The processes are also to be delivering the processes on the 3rd and 4th defendants to the Chief Registrar of the Supreme Court complex.
Recall that Justice Evelyn Maha of the Federal High Court, Abuja had issued two separate orders asking the parties to maintain the status quo in the CJN’s trial.
The plaintiffs are the Incorporated Trustees of the Centre for Justice and Peace Initiative, and the Incorporated Trustees of International Association of Students.
The two plaintiffs had through separate applications on January 14, obtained interim orders directing the parties to maintain the status quo pending the determination of the substantive suits, which was fixed for Thursday for hearing.
The respondents are the CCT Chairman, Justice Danladi Umar; the Attorney General and Minister of Justice, Abubakar Malami; the Inspector General of Police, the National Judicial Council chaired by Onnoghen and the Senate President, Bukola Saraki.