The Chief Justice of Nigeria (CJN) Walter Onnoghen was absent yesterday as the Code of Conduct Tribunal (CCT) heard allegations of false asset declaration against him.
The Chairman of the CCT Justice Danladi
Umar has however adjourned the arraignment to Tuesday, January 22 to
enable proper service of summons be effected on the CJN.
A team
of over 90 lawyers, including over 40 Senior Advocates of Nigeria (SAN)
led by Wole Olanipekun, challenged the jurisdiction of the CCT to hear
the case against Justice Onnoghen.
Olanipekun said the position
of the law is that where a defendant is challenging the jurisdiction of
the court, the defendant does not have to be in court.
He said he and other defence lawyers only appeared in court in protest against the jurisdiction of the tribunal.
He
added that from the account given by the official of the tribunal
earlier in the proceedings, the CJN was not served with the charges and
summons personally, but through his aide.
He argued that Section
123(a) of the Administration of Criminal Justice Act (ACJA) has directed
that in a criminal case, the summons must be personally served on the
defendant.
However, prosecution counsel, Aliyu Umar (SAN) said
the defendant was aware of the provisions but of his own volition
directed the court registrars to serve the summons on his personal
secretary.
“There is no law that says a defendant may refuse to
appear before the court and say he is protesting against the
jurisdiction of the court. He has to come to the tribunal and can then
refuse to take his plea,” he said.
After minutes of argument from
both parties, Umar applied to the tribunal to issue another summons on
the CJN. He made this application after conceding to the impropriety of
the earlier service based on the provisions of the ACJA.
Tribunal adjourns case to Jan 22
He
however asked the tribunal to order that the summons be served
personally on the CJN and not received on his behalf so as to avoid what
earlier happened.
The chairman of the tribunal’s three-man
panel, Danladi Umar, while ruling on the application, initially said the
fresh summons must be served on the CJN between Monday and Wednesday,
and that the trial would resume on Thursday.
However, Olanipekun
appealed that no date in this week would be convenient for the defence.
He also queried the perceived haste with which the case was moving from
the moment the charge was filed.
“Justice also entails fairness.
With all respect, this matter started on Friday, why the speed of
lightning? We are talking of service and the tribunal is talking about
this week? I want to ask, why the hurry”, he asked.
After several back and forth, the tribunal adjusted its earlier scheduling and adjourned the case to January 22.
The
chairman also ruled that the defendant’s application challenging the
jurisdiction of the tribunal and the prosecution’s motion on notice
would be taken together on the day.
Daily Trust reports that
Olanipekun announced the names of over 40 SANs who were in the tribunal
as part of the CJN’s defence team.
They include: Adegboyega
Awomolo, Kanu Agabi, Yusuf Ali, Chris Uche, Hassan Hassan, Paul Erokoro,
S.I. Ameh, Sebastine Hon, Magaji Mahmoud, James Onoja, Akinlola
Kehinde, Chukwuma-Machukwu Ume, Victoria Awomolo, Tawo Tawo, Muyiwa
Akinbolohun, Varile Azinge, Abdul Ibrahim, Olubowale Taiwo, Garba
Tetengi, Offiong Effiong, Patrick Okolo and Kehinde Ogunwumiju.
Onnoghen reports for work
Daily Trust reports that the CJN reported for work in his office at the Supreme Court premises in Abuja yesterday.
Sources
told Daily Trust that the CJN, who usually arrive the court around 8 am
when he is to preside over a panel, arrived the office around 9 am as
he was not sitting on Monday and stayed in his office until the close of
work.
However, a panel of the Supreme Court presided by Justice
Bode Rhodes-Vivour sat briefly over about seven civil appeals and rose
before 11.30 am.
The Code of Conduct Bureau (CCB) filed a
six-count charge against the CJN over alleged failure to declare his
asset upon assumption of office as provided in Section 15 (1) of the
Code of Conduct Bureau and Tribunal Act C15, punishable under Section 23
(2) (a) (b) and (c) of the same Act.
But the CJN was absent at the CCT, citing lack of personal service of the summons in line with Section 123 of the ACJA.
Court restrains CCT from arraigning CJN
A
Federal High Court in Abuja has issued an interim injunction
restraining the Code of Conduct Tribunal (CCT) from trying the Chief
Justice of Nigeria (CJN), Justice Walter Onnoghen.
Justice E.N.
Maha on Monday ordered for status quo that exists as at January 14, 2019
and “shall not take steps that will interfere with the RES or subject
matter of the suit pending the hearing and determination of the Motion
on Notice.”
The ex parte application was brought by a group of
students of Economics through their lawyer, J.C. Njikonye challenging
the proceeding at the CCT in Abuja.
But the Incorporated Trustees
of International Association of Student Economists and Management had
filed the action against the Attorney General of the Federation, the
Code of Conduct Tribunal (CCT), the Code of Conduct Bureau (CCB), the
chairman of CCB and the Inspector General of Police.
The group
had asked the court to make an interim injunction restraining the
defendants from arresting, arraigning, prosecuting, charging the CJN or
giving effect to charge no: CCT/ABJ/01/19 on the grounds that Section
153 (1) (i), 158(1) and Paragraph 21 of the Third Schedule to the 1999
Constitution “pending the hearing and determination of the Motion on
Notice filed together with this application.”
The case was adjourned to January 17 for hearing.
Source:- Dailytrustng
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