The Nation Newspaper

Tag: CJN’s trial

  • CCT Chair truly answerable only to Presidency, says NBA

    …..Pleads with FG to stop Onnoghen’s CCT trial

    The Nigerian Bar Association (NBA) said on Tuesday that it agreed with the argument by the Chairman of the Code of Conduct Tribunal ( CCT ), Danladi Uma that he and his tribunal were not answerable to the Judiciary, but the Presidency.

    NBA, in a statement issued on Tuesday by its President, Paul Usoro (SAN), said Umar was correct in that argument, but contended that the fact that the CCT was under the control of the Executive informs the urgent need to discontinue charge of breach of code of conduct pending against the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen before the CCT.

    It said: “the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission (FJSC) states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the council.”

    NBA’s new intervention in the case is coming a day before the resumption of proceedings in the case before the CCT.

    The Chairman of the CCT, Danladi Umar had, at the last proceedings on February 4 this year, insisted that Onnoghen must appear before the tribunal in person before any further businesses could be conducted in the charge pending against him (Onnoghen).

    Umar gave the directive shortly before agreeing to the request by parties for adjournment to February 13.

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    Read Also: Onnoghen to CCT chair: you’re a biased, tainted arbiter

    Also on Tuesday, the Court of Appeal in Abuja failed to hear the three appeals filed suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen.

    The appellate court had in late January adjourned on February 12, 2019 for the hearing of the appeals

    But, when lawyers to parties got to court on Tuesday, the court could not form quorum (of three Justices) for the purpose of hearing the appeals.

    Parties were told to await information, on a later date, on when the hearing is to be rescheduled.

    The appeals are against the decisions of the Code of Conduct to assume jurisdiction over the charge pending against Onnoghen and the ex-parte injunction granted by the CCT, and on which President Muhammadu Buhari acted to suspend Onnoghen.

    The statement by the NBA reads: “Ahead of the adjourned proceedings in the above-named matter before the Code of Conduct Tribunal (“CCT”), scheduled for tomorrow, February 13, 2019, the Nigerian Bar Association again urges the Executive arm of the Federal Government of Nigeria (“FGN”) to discontinue this Charge against the Chief Justice of Nigeria, Honorable Mr. Justice Walter S N Onnoghen, GCON (“CJN”) for the following reasons, amongst others:

    “First, as widely reported, one of the two petitions against the CJN that is currently before the National Judicial Council (“NJC” or “Council”) is an exact replica of the petition that motivated the CCT Charge.

    “The second petition was reportedly presented by the Economic and Financial Crimes Commission (EFCC), an FGN agency. We commend the FGN for adhering to due process by submitting the EFCC petition to the NJC for consideration.

    “In like manner and in adherence to the law and due process, we urge the FGN to discontinue the CCT Charge and allow the NJC consider the initial petition which, as widely reported, has already been responded to by the CJN.

    “Second, the Chairman of the CCT, Hon. Danladi Umar, in his response to a petition that was written against him and which was forwarded to him by the Federal Judicial Service Commission, states emphatically that he and his tribunal are answerable and report only to the Presidency, by law and practice. He is absolutely correct.

    “An insistence, in the circumstance, on the CJN, the head of an independent arm of the FGN, standing trial before a tribunal that is under the Presidency and is answerable only to the Presidency, mocks the concept of and completely erodes the independence of the judiciary and the constitutional separation that should exist between the three arms of the FGN.

    “It is precisely for this reason that our Constitution created the NJC and we are pleased that the FGN has warmed up to the utilization of that due process, as illustrated by the submission of the EFCC petition to the Council.

    “Third, and complementary to the two points afore-stated is the fact that the spectacle of having our CJN, while still holding that title, in the dock before the CCT or any other court, truly diminishes all of us, not least the Executive arm of the FGN.

    “The NJC process allows an initial determination to be made on the petitions against the CJN and if His Lordship is found liable or wanting howsoever, appropriate sanctions would be imposed by the NJC including recommendation for his dismissal or retirement.

    “In that event, he would no longer hold the office or title of CJN and could be prosecuted for any criminal infraction before the CCT or any other Court.

    “An insistence on the CCT prosecution paints a picture of persecution of the CJN by the Executive and such a spectacle in no way ennobles the FGN Executive arm and/or its officials. Such a scenario should be avoided by all means.

    “Given these non-exhaustive considerations and facts, we press on the Executive arm of the FGN to please discontinue the Charge against the CJN when the matter comes up before the CCT tomorrow, Wednesday, 13 February 2019.

    “We respectfully urge full compliance with due process by FGN in this matter by allowing the NJC process to take its course in respect of the two petitions against the CJN – a step that has already, commendably, been embraced by FGN in respect of the EFCC petition.”

  • Nigerians back Buhari on suspension of CJN

    President Muhammadu Buhari’s suspension of Chief Justice of Nigeria ( CJN ) Justice Walter Onnoghen over alleged failure to fully declare his assets to the Code of Conduct Bureau (CCB) is in order, a poll has revealed.

    66 per cent of Nigerians who participated in the poll on the website of The Nation Newspaper backed the action.

    Only 31 per cent of respondents faulted the suspension.

    Read Also: CJN at CCT: proceedings suspended abruptly

    Buhari suspended Justice Onnoghen as CJN on January 25 over allegations of non-declaration of assets.

    The President immediately swore in Justice Tanko Muhammad to replace Onnoghen in an acting capacity.

    A total of 5,689 Nigerians voted in the poll carried out from January 27 to February 8, 2019.

    3,863 of them are in support while only 1,820 opposed it. 186 voters abstained from a yes or no response, declaring there were unsure of the legality or otherwise of the action.

  • Onnoghen: AGF files 4 processes in Industrial Court

    The Office of the Attorney- General of the Federation (AGF) has filed four processes at the National Industrial Court, Abuja, in the suit opposing the trial of Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

    Peter Abang, the claimant who is also a lawyer, had instituted the suit challenging the jurisdiction of the CCT in prosecuting Onnoghen, the suspended Chief Justice of Nigeria (CJN).

    At the resumed hearing of the substantive suit on Thursday, counsel to the claimant, James Igwe (SAN) informed the court that the first defendant (AGF), had on Wednesday served him with four processes.

    The processes were: notice of preliminary objection, counter affidavit to the interlocutory injunction, counter affidavit to the originating summon and application challenging the jurisdiction of the court.

    Igwe, however, said that he had responded to all the processes and was ready to proceed with the matter.

    Counsel to the other parties, however, were not in court except counsel to the AGF, Dauda Lamiri, who told the court that the processes had been served on the other defendants.

    Igwe further pointed out that there was no communication from the parties as to the reasons for their absence.

    He, therefore, suggested an adjournment in the interest of justice to all concerned.

    He equally suggested that all pending applications could be taken on the adjourned date starting with the one challenging the jurisdiction of the court.

    He said the hearing of the substantive originating summon should be considered next.

    Read Also: Onnoghen to CCT chair: you’re a biased, tainted arbiter

    Igwe said it would enable the court to have either a composite ruling or judgment as the case may be.

    The judge, Justice Sanusi Kado, adjourned the matter until March 14 for hearing of the substantive originating summon and all pending applications.

    Kado also directed that hearing notices should be served on all parties and proof of service be kept in the case file.

    The News Agency of Nigeria (NAN), reports that Onnoghen is standing trial at the CCT over alleged false declaration of assets.

    Joined as co-defendants in the suit are Code of Court Bureau (CCB), CCT Chairman, Danladi Umar, Office of the Attorney-General of the Federation and The National Judicial Council (NJC).

    Others are: The Federal Judicial Service Commission, the Inspector-General of Police and the Senate President, Bukola Saraki

  • Updated: Supreme Court strikes out Senate’s suit over CJN’s suspension

    The Supreme Court has struck out the suit filed by the Senate, challenging President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Lawyer to the Senate, Paul Erokoro (SAN) told the court when the case was called on Tuesday, that he filed a notice of discontinuance on Monday.

    Erokoro, who said the notice of discontinuance had been served on the defendants, was silent on why the plaintiff chose to discontinue the case.

    Lawyer to President Buhari, Mrs. Maimuna Lami-Shiro, who led Tijani Gazali, confirmed being served with the notice but said she was served few minutes before the court sat.

    Read Also: Onnoghen: Senate discontinues Supreme Court case

    Mrs. Lami-Shiro did not object to the plaintiff’s decision to withdraw the case.

    In a unanimous ruling, a seven-man panel of the court, led by Justice Olabode Rhodes-Vivour, struck out the suit.

    Although a lawyer, Chief A. A. Adeniyi, announced appearance for the party seeking to be joined in the suit (the All Progressives Congress caucus in the Senate), the court could not hear his application in view of the plaintiff’s notice of discontinuance.

    The Senate had, by the suit marked: SC76/2019, queried among others, the constitutionality of the suspension of the CJN by President Buhari.

  • Breaking: Supreme Court strikes out Senate’s suit over CJN’s suspension

    The Supreme Court has struck out the suit filed by the Senate, challenging President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Lawyer to the Senate, Paul Erokoro (SAN) told the court, when the case was called on Tuesday morning, that he filed a notice of discontinuance on Monday in the suit marked: SC76/2019.

    Erokoro was silent on why the plaintiff chose to discontinue the case.

    Lawyer to President Buhari, Mrs. Maimuna Lami Shiro, who led Tijani Gazali, did not object to the plaintiff’s decision to withdraw the case, following which the court struck out the suit.

    Details later…

  • Onnoghen’s suspension: Senate APC caucus seeks to join suit

    The All Progressives Congress (APC) Senate Caucus Monday applied to the Supreme Court to be joined in the suit filed by the Senate challenging the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    The application of the APC Caucus to be joined in the suit is coming despite the withdrawal of the suit by the leadership of the upper chamber.

    The Senate President, Bukola Saraki, had in a statement said that they decided to discontinue the case due to the intervention of the National Judicial Council (NJC) in the matter.

    Senate Leader, Senator Ahmad Lawan, in another statement, said that the APC caucus decided to join in the suit to challenge the inclusion of its members by the leadership.

    Read Also: Onnoghen’s suspensionnot signal to dictatorship – FG

    The statement reads: “The Senate caucus ‎of the All Progressives Congress (APC), consisting 56 senators, being the majority party in the Senate, today Monday, 4th February, 2019, applied to the Supreme Court, to join in the suit purportedly filed by the Senate, against the President and Commander-in-Chief of the Federal Republic of Nigeria, as interested parties.

    “The APC senators rely on the Supreme Court (Additional ‎Original Jurisdiction) Act of 2002, which provides that the resolution of the respective chambers of the National Assembly is a prerequisite of filing such suit.

    “The caucus is therefore challenging the said suit and objects to the inclusion of its members.”

    It is not clear whether the Senate APC caucus application to be joined in the suit was made before the Senate withdrew the suit.

    It is also not clear if the caucus will insist on going ahead with the suit.

  • BREAKING: CJN at CCT: proceedings suspended abruptly

    Awomolo, CCT Chair engages in hot exchanges

    Proceedings at the Code of Conduct Tribunal (CCT), in the case against the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has been brought to an abrupt end to allow temper to seamer in view of the hot exchanges between tribunal Chairman, Danladi Umar and lead counsel for the defence, Adegboyega Awomolo (SAN).

    Trouble started when the tribunal Charman insisted that proceedings must continue despite agreement, by lawyer to the prosecution, Aluyu Umar (SAN) and Awomolo, that the case be adjourned to a later date in view of some recent developments in the case.

    Rather than rule on the joint position presented by lawyers to the parties, the tribunal Chairman insisted on proceeding to hearing pending applications.

    While Awomolo stood up to appeal to tribunal Chairman to consider the position presented by lawyers to the prosecution and defence, for an adjournment, Umar ordered Awomolo to sit down.

    Read Also: CCT serves Onnoghen trial notice

    He accused the defence lawyer of encouraging delay and waste of time, observation Awomolo objected to and told the tribunal Chairman that it was wrong today such things about him.

    While Awomolo spoke, complaining about the way the tribunal Chairman described him, Umar said he was not bothered, but was only interested in continuing with the case.

    At that point, the prosecution lawyer sought for a short stand down, which was granted.

  • Onnoghen must go – El-Rufai

    *Says even Dangote can’t forget $1m in account

     

    Governor Nasir El-Rufai of Kaduna State on Friday dismissed as untenable alleged claim by the suspended Chief Justice of Nigeria (CJN),Justice Walter Onnoghen that he (Onnoghen) forgot to declare $3million dollars in his accounts.

    El-Rufai said in Kaduna that even Alhaji Alio Dangote with all his wealth cannot forget $1million in an account.

    The governor spoke while receiving a solidarity letter from members of Coalition of Civil Society Organizations who took to the streets of Kaduna to express support for the action taken by President Muhammadu Buhari against the suspended CJN.

    He said: “the case with Justice Onnoghen is a very sad one. Othman Dan Fodio, the founder of the Sokoto caliphate wrote that the worst form of corruption you can find in any public service is judicial corruption. This is because when the president is corrupt or the governor is corrupt, it is to the judge that ordinary people can take their case to.

    “The president did the right thing by asking him to step aside pending investigation. It is the proper thing to do. It is what is done in every organized and civilized society.

    “Unfortunately, some people in Nigeria are trying to make white black and black, white. They are using technicalities to delay bringing this man to justice.

    “Mr. President did not remove Onnoghen from office. He said in honour of the judiciary, he should step aside so that the charges against him can be investigated and prosecuted.

    “But the man does not want to go.It is time for Nigerians to come all out and tell him he must go. Our judiciary must be clean. Our judiciary must consist of judges who cannot be bought.

    Read Also: PDP plans to disrupt elections – El-Rufai

    “The case of Justice Onnoghen is the case in which somebody who has worked in government for the past 20 years suddenly has millions of dollars in his account, he has admitted but says he has forgotten about it.

    “I do not think Dangote will forget $1 Million in his account.”

    Leaders of the civil society organisations, Comrade Zubairu Muktar and Arc Abubakar R Abubakar hailed Buhari for taking steps to restore the lost glory of Nigeria’s judiciary .

    They pledged the coalition’s continued support for government to “purge out corruption embedded in the Nigerian system which has become a hindrance to the economic, political and social development of our dear nation.”

  • Onnoghen: Court activities resume in Osun

    Activities at the Osun State High Court on Thursday returned to normal position after a 2-day protest by members of the Nigerian Bar Association, Osun Chapter, against the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.

    The News Agency of Nigeria reports that judiciary workers and other prison officials with prosecutors were seen among others entering the court premises as at 8:30 a.m with gates widely opened.

    Magistrate courts have also commenced sitting as at 9:00 a.m with Judges of the State High Court seen going to their respective court rooms for the commencement of sitting.

    NAN further reports that lawyers and their clients were also seen entering court rooms to attend to their respective cases, while court clerks remained seated at their positions.

    Read Also: Onnoghen: Osinbajo, NBA ponder six-point resolution

    A legal practitioner who spoke with NAN, Mr Adebola Dare, expressed happiness for the resumption but called on the Federal Government and the Judiciary to handle the Onnoghen Asset declaration issues with wisdom.

    Dare noted that the judiciary must be independent without any interference from any arm of government, except otherwise where the executive needed to play its part.

    He, therefore, urged parties in the suit against the CJN to ensure that due process was followed in order not to heat up the polity which had already generated global concern.

    Onnoghen’s asset declaration issues and the attendant legal implication resulted to the NBA, at the National level, going on a 2-day protest against his suspension by the President, Muhammadu Buhari.

  • Breaking: Onnoghen at CCT: Appeal Court refuses to stay proceedings

    The Court of Appeal in Abuja has rejected the request by suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to stay proceedings in the charge pending against him before the Code of Conduct Tribunal (CCT).

    A three-man panel, led by Justice Abdul Aboki, in a ruling a moment ago, dismissed the application Onnoghen filed to that effect.

    Read Also: Falana urges NJC to ask Onnoghen to step aside

    The court said, in view of the provision of Section 306 of the Administration of Criminal Justice Act (ACJA), it lacked the power to stay proceedings in criminal cases.

    By the ruling, the CCT is now free to resume proceedings in the charge before it.

     

    Details shortly….