The Nation Newspaper

Tag: CJN’s trial

  • Breaking: Appeal Court reserves judgments in Onnoghen’s cases

    The Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnghen.

    A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they will be informed when judgments were ready.

    The appeals are CA/A/44c/2019; CA/A/CA/A/63c/19; CA:A/70c/2019 and CA/A/114c/2019.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.

    Read Also: Fed Govt, AGF ask Supreme Court to stay off Onnoghen’s case

    The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.

    The arrest warrant, issued on February 13 this year, was vacated by the CCT on February 15 when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.

     

     

  • FG, AGF ask Supreme Court to stay off Onnoghen’s case

    …Cross River seeks court’s intervention

    The Federal Government and Attorney General of the Federation (AGF) have asked the Supreme Court to decline jurisdiction over a suit seeking its intervention in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

    The FG and the AGF contended that Onnoghen’s trial was personal to him and could only involve the Supreme Court where an appeal arises from the Court of Appeal on a decision reached either during or after the trail at the CCT.

    Their position is contained in a notice of objection they filed against a suit marked: SC/45/2019 instituted at the Supreme Court by the government of Cross River State.

    The Cross River State Government, in their originating summons, queried the propriety of Onnoghen’s trial before the CCT and urged the Supreme Court to declare it illegal on the grounds that it was only the National Judicial Council (NJC) that could exercise disciplinary powers over a serving judge.

    In their objection, the FG and AGF (listed as defendants in the suit), argued that the subjected of the case did not qualify as a dispute between the Cross River State and the Federal Government, as envisaged under Section 232(1) of the Constitution.

    They added: “The subject matter of this suit is personal to Hon. Justice Onnoghen Nkanu Walter Samuel and does not, in any way affects the Cross River State Government as to confer it with the locus to institute this suit.

    “The reliefs and claims made herein by the plaintiff are not for the benefit of Cross River State, but personal to Hon. Justice Onnoghen Nkanu Walter Samuel.

    “The alleged cause of action in the subject matter of this suit is not one that creates the existence or extent of a legal right between the Cross River State Government, in its capacity as a state and the defendants in this suit as stated under Section 232(1) of the Constitution.

    “The Honourable Justice Onnoghen Nkanu Walter Samuel, being an indigene of Cross River State and the highest judicial officer from the state does not confer on the plaintiff the locus to institute this suit.

    “The fact that the suit partly relates to the interpretation of the Constitution does not confer on the plaintiff the locus to invoke the original jurisdiction of this honourable court,” they said.

    The plaintiff, in their originating summons, want the court to among others, declare that, by the provisions of sections 4, 5, and 6 of the Constitution, there a clear recognition of the doctrine of separation of powers and checks and balances in relation to the operations of the three arms of government.

    The Cross River State wants the court to declare that, by virtue of the provisions of sections 153(1), 158(1(, Paragraph 21(b) of Part 1 of the Third Schedule to Constitution, it is the NJC that is exclusively empowered to recommend to the President or Governor the appointment/removal of any judicial officer.

    It also seeks a declaration that the CCT, not being the NJC, is not vested with the jurisdiction over any judicial officer for an alleged official misconduct on the part of a judicial officer, without a formal complaint of such official misconduct being first made to and investigated by the NJC.

    The plaintiff equally wants the Supreme Court to declare that the filing of the charge, before the CCT, against Onnoghen, being a judicial officer, without any formal complaint having been made against him to the NJC, robbed the CCT of jurisdiction to try the charge and all the proceedings relating thereto, amount to a nullity.

    It therefore urged the court to grant an order of injunction, restraining the defendants and their agents from further initiating or proceedings with any similar charge or charges against Onnoghen or any judicial officer of the superior court created by the Constitution, until a formal report of misconduct is first, made to and investigated by the NJC.

    In a supporting affidavit sworn to by an official of the Cross River State Ministry of Justice, Ibi Mboto, the plaintiff stated that Onnoghen is an indigene of the state and the highest judicial officer from the state.

    It argued that Onnoghen’s suspension and trial before the CCT, without first, being subjected to the NJC’s process, as dedicated by the Constitution, was unlawful and unconstitutional.

    Read Also: Court of Appeal fails to hear Onnoghen’s suits

    At the Supreme Court on Thursday, lawyer to the defendants, Dayo Apata (who is the Solicitor General of the Federation), told the court that his clients have just filed some processes including a memorandum of appearance, notice of preliminary objection and a counter affidavit to the originating summons.

    Apata said he was able to serve the processes on the plaintiff’s lawyer shortly before the court began sitting on Thursday.

    Lawyer to the plaintiff, Lucius Nwosu (SAN) acknowledged the service of the defendants’ processes on him.

    Nwosu said, in view of the importance of the case, he would urge the court to grant a short adjournment to enable him respond to the defendant’s processes.

    Justice Olabode Rhodes-Vivour, who presided over a seven-man panel of the court, adjourned to February 28 this year for the hearing of the defendants’ objection along with the substantive suit.

  • Again, Appeal Court fails to hear Onnoghen’s appeals

    · Reschedules hearing for Feb 27

     

    The Court of Appeal in Abuja on Tuesday postponed its planned hearing of the three appeals filed by suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen to February 27.

    This is the third time, in one month, the court will postpone hearing in the appeals filed against the decisions of the Code of Conduct Tribunal (CCT) before which Onnoghen is standing trial for alleged breach of code of conduct for public officers.

    Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.

    He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending application.

    The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and President Muhammadu Buhari to appoint an acting CJN.

    The court had, in late January this year, scheduled hearing in the appeals for February 12 thus year.

    When parties got to court, the court could not form a quorum for the purpose of hearing the appeals. Two of the three Justices, required to form a quorum, were said to be attending a seminar.

    The court subsequently adjourned to the next day. It could also not hear the appeals on February 13 owing to a request by the Federal Government to be allowed to engage a new lawyer.

    Oyin Koleoso, who represented the Minister of Justice and Attorney General of the Federation (AGF), told the court that the AGF has instructed that Aliyu Umar – SAN – (who is prosecuting the charge at the CCT) should take over the case of the respondent.

    Kolaoso noted that Umar was, (at the moment the Court of Appeal proceedings were on), at the CCT.

    Koleoso sought an adjournment to enable Umar take over the case of the respondent.

    Lawyers to the appellant, Chris Uche (SAN) objected to an adjournment, but he was overruled by a three-man panel of the court presided over by Justice Abdul Aboki.

    The court further adjourned hearing in the appeals till February 20.

    Again, when parties got to court on Tuesday, Umar, who appeased for the respondents, said he has filed an application, in which he, among others sought to be afforded time to familiarise himself with what had been filed in the appeals so far.

    Appellant’s lawyer, Uche did not object to a request for a brief adjournment, following which the court adjourned till February 27 this year

  • Breaking: Trial at CCT: Onnoghen granted bail on self-recognition

    Trial at CCT: Onnoghen granted bail on self recognisance
    *Tribunal vacates arrest warrant issued against suspended Cjn

    The Code of Conduct Tribunal (CCT) has granted bail, on self recognisance, to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    The CCT Chairman, Danaldi Umar, in a ruling, also discharged the bench warrant issued against Onoghen.

    Umar said since he voluntarily submitted himself, the bench warrant was no longer necessary.

    Onnoghen, who stood in the dock all through the about one-hour long proceedings, pleaded not guilty to the six-count charge on which he was arraigned.

    Details shortly…

  • UPDATED: CCT: Onnoghen pleads not guilty to charge

    Rejects chair given him to sit
    *Preferred to stand in the dock

    Proceedings commenced on Friday at about 10.30am in the case involving the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT) in Abuja.

    An official of the tribunal, who called the case, informed the tribunal that the defendant (Onnoghen) was in court.

    Tribunal Chairman, Danladi Umar insisted that Onnghen, who had sat on the front seat by the left of the tribunal sitting venue, must enter the dock, a directive the suspended CJN obeyed and went straight into the dock.

    Read Also: Justice Onnoghen enters the dock

    Onnoghen rejected a chair given to him to sit on.

    He insisted on standing and said he preferred to stand for now.

    Upon the request by the prosecution, the tribunal Chairman ordered that the charge be read to the defendant.

    An official of the tribunal read the charge to him, to which he pleaded not guilty.

    Details shortly…

  • Breaking: Onnoghen enters the dock

    The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, on Friday, entered the dock to answer to charges of alleged breach of code of conduct for public officers.

    Onnoghen’s lawyer, Chris Uche (SAN), ‎announced his presence shortly after the tribunal chairman, Danladi Umar led two other members to the courtroom.

    He remained standing while the prosecution and defence legal teams announced their appearance.

    This is his first public appearance since ‎January 25 when President Muhammadu Buhari suspended him.

    Details shortly…

  • Breaking: Onnoghen surrenders, attends CCT’s sitting

    The Suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has arrived the sitting venue of the Code of Conduct Tribunal (CCT) in Abuja where he is expected to answer to a charge of alleged breach of code of conduct for public officers.

    Onnghen has consistently shunned the CCT since proceedings opened in the case on January 14 this year.

    He instead challenged the tribunal’s jurisdiction and obtained restraining orders form High Courts.

    On February 13 this year, the CCT issued a bench warrant for his arrest after running out of patience with the suspended CJN.

    Details shortly…

  • Onnoghen is subject to law, he can be arrested – Sagay

    Eminent professor of law Itse Sagay (SAN) on Wednesday said Chief Justice Walter Onnoghen was not above the law, so the order to arrest him for failing to appear before the Conduct Tribunal (CCT) was in order.

    Sagay told our correspondent that the suspended Chief Justice of Nigeria (CJN) should have appeared before the CCT to demonstrate his regard for the rule of law.

    He said: “I don’t want to speak much on it, because whatever I say, they will pour petrol and set fire on it.

    “But from the beginning when this problem started, I said that no one is above the law.

    “Ask yourself, if you or I were the ones accused, would we not appear before the CCT?

    “How is Onnoghen different from the rest of us legally and constitutionally? No way,” Sagay said.

    The Presidential Advisory Committee Against Corruption (PACAC) Chairman disagreed with former Nigerian Bar Association (NBA) President Dr Olisa Agbakoba (SAN) who said the CCT’s order was subversive of the rule of law since a petition against Onnoghen was pending before the National Judicial Council (NJC).

    Sagay said: “I don’t want to criticise Agbakoba, but they should think of the future of this country.

    “They should not create a privileged class that is not subject to law whilst others are subject to it. At the end of the day, it will bring the law into contempt.

    “I think Onnoghen should have appeared before the CCT to show that as the former head of the Judiciary, he has great respect for the rule of law.”

  • NJC issues fresh query to Acting CJN

    *Gives him 7 days to respond
    *Sets up 5-man panel to further probe allegations against Onnoghen, Muhammad

    The National Judicial Council ( NJC ) rose again from its meeting on Wednesday and resolved to direct the Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad to respond within seven days, to a fresh petition written against him by the Action People’s Party (APP).

    The NJC also elected to set up a five-man investigation committee to further look examine the allegations against the suspended CJN, Justice Walter Onnoghen and Muhammad. The committee is headed by a retired Justice of the Supreme Court, Justice S. A. Akintan.

    It was learnt that all the members of the new committee are members of the NJC.

    A statement issued by NJC’s spokesman, Soji Oye reads: “In continuation of its Emergency Meeting, the National Judicial Council accepted the result of the preliminary assessment of the petitions against Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I. T. Muhammad, CFR that the petitions were worthy of further investigation and should not be terminated under Rule 17 of the Judicial Discipline Regulations of the Council.

    Read Also: NJC gives Onnoghen seven days to defend himself

    “Consequently, the council constituted a five-member Investigation Committee pursuant to Rule 20 (1) of the Judicial Discipline Regulations under the Chairmanship of Hon. Mr. Justice S. A. Akintan, CON, a retired Justice of the Supreme Court of Nigeria.

    “A new petition against Hon. Mr. Justice I. T. Muhammad, CFR, by the Action People’s Party (APP) was referred to the Hon. Mr. Justice for his comments within an abridged 7-days.

    “Council directed the Investigation Committee to work expeditiously, determine all the petitions and responses and report to Council for a final decision.”

  • CCT orders IGP to arrest Onnoghen

    …Plans arraignment for Friday

    The Code of Conduct Tribunal (CCT) has ordered the Inspector General of Police (IGP) to arrest and produce before it on Friday, the suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    CCT Chairman, Danladi Umar gave the directive on Wednesday while granting the prosecution’s request that Onnoghen must be compelled to attend the tribunal and plead to the charge of breach of code of conduct (non-declaration of assets) pending against him.

    Read Also: CCT: Prosecution asks for arrest warrant against Onnoghen

    Umar, in a ruling, after taking argument from Aliyu Umar (SAN), for prosecution, and Adegboyega Awomolo (SAN) for the defence, granted the request of the prosecution for the issuance of a bench warrant against Onnoghen.

    The CCT Chairman subsequently scheduled next Friday for his (Onnoghen’s) arraignment.

    Details later…