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Tag: CJN’s trial

  • CJN’s trial: CCT suspends proceedings for ruling

    Proceedings before the Code of Conduct Tribunal ( CCT ) in relation to the non-assets disclosure charge against the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has been suspended for one hour.

    This is to allow the three-man panel of the tribunal to consider arguments by lawyers to parties in the case.

    The prosecution team was led by Aliyu Umar (SAN), while the defence team was led by Wole Olanipekun (SAN).

    The prosecution wants the court to proceed with the hearing of the case and ignore the restraining orders by three High Courts, on the grounds that such High Courts do not have supervisory powers over the CCT.

    The defence is asking the tribunal to obey the four restraining orders so far made against it by the High Courts and respect judicial hierarchy since the Court of Appeal has fixed a date for hearing in an appeal by the CJN.

    Read Also: Alleged non-disclosure of assets: Again, CJN shuns CCT

    It wants the tribunal to adjourn sine die (indefinitely) pending the determination of the various cases before the High Courts (filed by some civil society organisations) and the appeal by the CJN.

    The tribunal is expected to give its ruling when proceedings resume any moment from now.

     

    Details later…

  • Alleged non-disclosure of assets: Again, CJN shuns CCT

    *Prosecution seeks interim order against CJN

    The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen again, stayed away on Tuesday from the proceedings of the Code of Conduct Tribunal (CCT) where he is the defendant in the charge of non-assets disclosure.

    This is the second time the CJN would shun proceedings at the tribunal, where the prosecution had planned to commence his trial.

    Justice Onnoghen , first stayed away on January 14 this year, when the case was first mentioned.

    The CJN, whose legal team is led by former President of the Nigerian Bar Association (NBA), Wole Olanipekun (SAN), again stayed away today and asked the tribunal to adjourned indefinitely pending the determination of his appeal now pending before the Court of Appeal, Abuja.

    The Prosecution, led by Aliyu Umar (SAN), said although he has the power, under Paragraph 6 of the Code of Conduct Practice Direction, to apply that a bench warrant be issued against Onnoghen, he will not make such a request against the CJN.

    He, however, urged the tribunal to exercise its power by making an interim order. He was silent on what the interim order should be directed at.

    Proceedings at the CCT is still ongoing.

    Details soon.

    Read Also: SANs and Onnoghen circus

    The CJN is absent from Court but prosecution and defence counsels are present.

    Details Soon….

     

  • Why CJN should clear his name, by lawyer

    An Aba lawyer, Victor C. Nwaugo, has urged Chief Justice Walter Onnoghen to clear his name.

    He said the Chief Justice of Nigeria (CJN) should be “bold” enough to face the charge as anything to the contrary would create the wrong impression about him.

    Nwaugo recalled that allegations of misconduct were not new in the Supreme Court even if not proven.

    He said in a statement: “Hon Justice Uwaifo in his valedictory party first drew the nation’s attention to the rot at the Supreme Court. He accused the CJN then of awarding contracts to his wives.

    “In fact, Justice Uwais was accused of awarding contract to his second wife, then a lawyer.

    “The accusation was made by a group known as Derivative Front believed to be based in Southsouth of Nigeria.

    “Exactly on 21st June 2005, Mr Ephraim Duru had appeared before the Supreme Court in Appeal No. SC/ 161/2001, The Honda Place Vs. Globe Motors to argue his application for transfer of motion then pending before the Supreme Court from the Panel chaired by Justice Uwais to another on grounds of likelihood of bias based on corruption.

    “Uwais was accused of ordering for supply of several pieces of Honda vehicles from Honda Place even when a dispute of who between Honda Place and Globe Motors had the sole distributorship right of Honda vehicles in Nigeria.

    Read Also: Court hears CJN’s appeal against trial Thursday

    “The allegation also carried the fact that certain pieces of Honda vehicles were supplied to the Supreme Court by Honda Place.

    “As a result, Ephraim Duru was hounded by very many senior Advocates of Nigeria and the Nigerian Bar Association (NBA) threatened to prosecute him and take him before Legal Practitioners Disciplinary Committee (LPDC).

    “It took the courage of four Aba lawyers: Ukpai Ukairo, O.O.Anyadikw, Victor C. Nwaugo and Age Nwachukwu to stand to the defence of Duru both in court and NBA NEC meeting in Aba.

    “There was a write-up tagged Before Ephraim Duru is crucified, which was well circulated before NEC members who came for meeting in Aba wherein the role of Duru, in that case, was well explained.

    “Lord Chancellor of England from where we borrowed our system, Lord Francis Bacon was convicted of corruption; Lord Macclesfield was reputed for his prolific demands for pecuniary aggrandizement. Both suffered the consequences of their actions.

    “Our own Justice Onnoghen is facing a charge of breach of Code of Conduct as a public officer and all you hear some lawyers raise is ‘PDP this way’, ‘APC that way’, ‘Son of Niger Delta’, etc.

    “Some quote irrelevant case of Nganjiwa vs. FRN without querying Onnoghen’s innocence in the accusation.

    “Justice Onnoghen has in the case of Ahmed vs. Ahmed 2014, Vol 231 of LRCN stated the position of the law that any charge bordering on breach of Code of Conduct by a public officer under schedule 5 is exclusively triable by Code of Conduct Tribunal (CCT).

    “So, the actions we take today or the things we say today may hunt us tomorrow. For me, Hon Justice Onnoghen: how do you plead – guilty or not guilty?

    “Only bold step towards this direction will clear your name. Any other thing, be it injunction or directives of four Niger Delta governors will end up giving you a permanent tag of a corrupt man in our minds.”

  • Breaking: Court restates order stopping CCT from forcing CJN to vacate office

    The National Industrial Court of Nigeria (NICN) in Abuja on Monday restated its earlier order restraining the Attorney General of the Federation (AGF) and some others from forcing the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen to vacate office in view of the allegation of non-disclosure of assets made against him.

    Also to be bound by the order are other defendants in a suit by Peter Abang. They are The Chairman of the Code of Conduct Tribunal (CCT), the Code of Conduct Bureau (CCB), the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Inspector-General of Police (IGP) and the Senate President.

    Justice Sanusi Kado had, in an ex-parte ruling on January 14 this year made similar order and equally halted the scheduled trial of the CJN before the CCT on charges of non-declaration of assets.

    The judge restrained all the defendants in the suit from attempting to force the CJN out office pending the hearing and determination of the plaintiff’s motion for interlocutory injunction.

    Read Also: Court urged to stop use of military for election duties

    Justice Kado said the orders were necessary to avert a threat and constitutional breaches regarding the position of the CJN as the number one judicial officer of the country.

    When the case was called on Monday, plaintiff’s lawyer, James Igwe (SAN) told the court that some of the defendants have been served, including the CCT Chairman, who was said to have directed his Secretary to accept service on his behalf.

    Igwe, however, applied for the court’s permission to serve the CCT Chairman through substituted means, which the judge granted and adjourned to January 30 for report of service.

     

    Details later.

  • Amaechi tackles Wike on CJN Onnoghen

    The Minister for Transportation, Rotimi Amaechi, has condemned the spurious allegations levelled against him by Rivers State Governor, Nyesom Wike, especially on the alleged plot to destroy the embattled Chief Justice of Nigeria, Justice Walter Onnoghen.

    Amaechi’s successor, Wike, who was his Chief of Staff between 2007 and 2011, when the then Rivers governor recommended him (Wike) to the then President Goodluck Jonathan for ministerial appointment, at a campaign rally in Rivers state on Thursday, accused the transportation minister of working against his Southsouth brother (Onnoghen).

    The Director-General of Buhari/OsInbajo Reelection Campaign Organisation, on Friday in an online statement through his media office, stated that he read with dismay and utter disgust, Wike’s senseless allegations.

    Amaechi’s media office said: “This is another blatant lie (plot to destroy Onnoghen), just to smear Amaechi and put him on collision course with the judiciary. Ordinarily, we would not have bothered to respond to a governor (Wike), whose stock-in-trade is to concoct stories and lie about almost everything and anything. Wike completely lacks any shred of credibility. Nothing is sacred to him

    “Amaechi is not a judicial officer and he is not part of whatever is happening in the judiciary. We challenge Wike to mention the name of the APC’s chieftain he falsely alleged that Amaechi discussed the ‘destruction of the CJN with.’

    “This Wike’s latest attack on Amaechi is reminiscent of his earlier spurious allegations during the Ikoyi-Osborne-gate scandal, where Wike disgracefully opened his mouth to shamelessly allege that the former Rivers governor (Amaechi) was the owner of the $13 billion and the owner of the Osborne apartment in Ikoyi, Lagos, where the money was kept. Wike lied that the money was stolen from Rivers State government’s treasury.

    “In Wike’s usual chicanery, up till today, he has refused to go to court to claim the $13 billion found in the Ikoyi apartment, which he claimed was Rivers money stolen by his predecessor. Even when a court of law openly asked anyone laying claim to the money to come forward and collect it, Wike ran far away from the court.”

    The transportation minister also reminded Rivers governor that the immunity he currently enjoys against prosecution for his many libellous attacks on him would not last forever.

    Amaechi’s media office also said: “At the appropriate time, he (Wike) will no doubt face the full wrath of the law and ultimately that of the Almighty God.

    Read Also: Charges against CJN not tenable – Lawyer

    “Wike should by now know that Nigerians are tired and are no longer interested in his ranting and cock-and-bull stories against Amaechi. Indeed, it is pathetic and a big shame that Wike does not know that Nigerians already know him as an incurable, incorrigible compulsive liar and do not take him and/or his comments seriously any longer.

    “Wike’s outburst against Amaechi is diversionary. Rivers governor knows too well that he has nothing to show Rivers people for his almost four years in office, in a state obviously with one of the highest allocations, thereby resorting to casting aspersions on Amaechi, instead of telling the people what he has done for Rivers State.”

    Transportation minister also called on Rivers people and other lovers of democracy to ignore Wike, whom he described as a frivolous and deceitful character, who is obviously drunk on power and always high on alcohol.

  • Updated: CJN’s trial: court restates order stopping CCT, AGF, others

    A Federal High Court in Abuja on Thursday restated its order restraining the Attorney General of the Federation (AGF), the Code of Conduct Tribunal (CCT) and some others from proceeding with the planned arraignment of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Justice Evelyn Maha restated the order on Thursday at the resumed hearing of the suits brought by two groups, who are challenging the propriety of the charge brought against the CJN before the CCT by the Code of Conduct Bureau (CCB).

    The first suit, marked FHC/ABJ/CS/27/2019 was filed by the Incorporated ‎Trustees of the Centre for Justice and Peace Initiative (CJPI), while the second, marked FHC/ABJ/CS/28/2019 was by the Incorporated ‎Trustees of the International Association of Students Economists and Management (IASEM).

    Listed as defendants, in the first suit, are the Attorney-General of the Federation (AGF), CCT Chairman, the National Judicial Council (NJC), the Inspector-General of Police (IGP) and President of the Senate.

    The second suit has, as defendants, the AGF, the CCT Chair, the CCT, the CCB, the Chairman of CCB, and the IGP.
    When the first case was called on Thursday, plaintiff’s lawyer, Rafiu Lawal-Rabana (SAN) said the court had, at the last proceedings on January 14, 2019, adjourned to January 17 for hearing of the plaintiff’s motion on notice.

    Read Also: Why CJN must face trial, by APC

    Lawal-Rabana said all the defendants have been served with the processes filed by the plaintiff and the enrolled order of the court’s ex-parte ruling of January 14, 2019. He said it was only the Senate President that has not been served.

    Lawal-Rabana sought a short adjournment to enable the plaintiff serve the Senate President as required.

    Lawyer to the 4th defendant, National Judicial Council (NJC), Garba Tetengi (SAN) said his client was served.

    Tetengi, who represented the only defendant that turned up in court on Thursday, said he would not object to the request for a short adjournment.

    Ruling, Justice Maha ordered proper service of the court processes on the defendants.

    The judge restated the January 14 order on parties to maintain status quo and adjourned to January 28 for hearing.

    Justice Maha equally adjourned the second case to January 28.

     

     

  • Buhari not aware of CJN’s arraignment – Osinbajo

    Vice President Yemi Osinbajo says he is feeling sad over the trial of the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen, on allegations of false and non-asset declarations.

    The Code of Conduct Tribunal (CCT) had scheduled Jan. 14 for the arraignment of the CJN.

    However, the process was stalled as the CJN failed to appear before the CCT; and a Federal High Court sitting in Abuja also ordered the CCT to halt proceedings.

    Osinbajo, who spoke at the 2019 Online Publishers Association of Nigeria (OPAN) conference on Wednesday in Abuja, said that President Muhammadu Buhari had no prior knowledge of the arraignment.

    The theme of the conference is “Free Press and Objective Reporting in the 2019 Election Year.’’

    According to Osinbajo, Buhari’s approach is that institutions should do their work.

    “ I can tell you for a fact that he did not even know about this until Saturday evening. He did not even know that there will be any kind of arraignment until Saturday evening.

    “He has said categorically, do not interfere with whatever institutions are doing; sometimes, it has consequences such as we have today; such that people say how can such an important person be subjected to a trial without the Federal Government?

    “But I can tell you without any equivocation whatsoever that he was not even in the know because it is a specific instruction that he gave.

    “So , even where somebody else calls a public officer such as Ibrahim Magu of EFCC and says something or the other, he will say `no, no, no, Mr president has said I can do my work.

    “My take is that I would rather not have a situation where senior members of my profession are being tried for an offence; certainly, I will rather not have that kind of situation.

    “ So, I do not feel particularly good about it; as a matter of fact, I feel very sad; that it is going on at all, that is my position.’’’

    Osinbajo tasked online publishers to go after details and check the facts before publishing; warning that online news was losing credibility.

    The vice president said that elections had heightened ethnic and religious tensions and tended to threaten and challenge Nigeria’s unity and security.

    “So, it is even more so, the case today that we just must be more responsive because anybody on their beds can launch a website, post images from anywhere in the world and tell whatever story he wishes.

    Read Also: IGP appoints Mba new Force Spokesman

    “So, the online publisher is essentially in a poorly regulated space and can publish practically anything, even outright falsehoods.

    “Perhaps because the worst that can happen is a libel action if your publication tarnishes a person’s reputation.

    “The problem with the current situation is that online news may lose credibility; and that is a very bad situation because the loss of credibility is bad for everybody, bad for business and weakens an important social tool of public communication.’’

    He suggested the encouragement and promotion of forums for online practitioners to engage and develop by interaction with others.

    “As for elections, I think it affords an opportunity for an online publication to become well established as a credible and speedy source of news and information.

    “News on election results will be so sought after that anyone who can provide them accurately and in a timely fashion will be the go-to-site, even in the future.

    “The point to bear in mind is that integrity pays. Being the first to break the news, especially when it is unverified, might bring in some traffic initially, but it does not take that long to lose reputation.

    “And once the credibility of the publication is damaged, people will not take the news seriously,’’ he said.

    Earlier in a remark, OPAN President, Mr Austin Ogannah, said that the association as founded in 2011.

    According to him, the idea is to have an association that self regulates practitioners in the online news media; so that members can hold one another accountable.

    Ogannah said that the essence of the conference was to understand objective reporting in an election as captured in the theme.

  • Breaking: We did not raid Onnoghen’s residence – EFCC

    The Economic and Financial Crimes Commission ( EFCC ) has described as “untrue and evil”, reports in some quarters that its personnel had invaded the Abuja residence of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    Spokesman of the commission Tony Orilade tod the News Agency of Nigeria in Abuja on Tuesday that the fake news “ is being spread by evil men and women to get evil results.”

    NAN reports that this may be connected to the halting of Onnoghen’s trial by the Federal High Court Abuja on Monday.

    Read Also: We’ll not tolerate vote-buying, says EFCC

    The court had asked the Federal Government to put on hold plans to arraign Onnoghen before the Code of Conduct Tribunal (CCT).

    The Federal Government had, through the Code of Conduct Bureau (CCB), filed six counts of non-declaration of assets charges against Onnoghen.

    However, ruling on two separate ex parte applications, Justice N.E Maha, ordered parties to maintain status quo until Jan. 17.

  • CJN Trial: Let the Law take its course – APC

    The All Progressives Congress(APC) has said that the law should take its full course on the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, at the Code of Conduct Tribunal (CCT).

    Malam Lanre Issa-Onilu, APC National Publicity Secretary, stated this at a news conference on Monday in Abuja.

    The CJN was expected to appear before the CCT on a case of Constitutional infraction for false declaration of his assets before assuming office.

    Issa-Onilu maintained that the country’s democratic and constitutional institutions must be allowed to operate without interference and undue pressure from partisan and sundry interests as being done by the Peoples Democratic Party (PDP) and its cronies.

    He explained that the CCT trial was a legal matter, adding that the law should be allowed to take its course.

    “The CJN must go through the instrumentalities of the courts, more importantly as an institution he represents. Indeed, this is the true test of our Constitution, rule of law and will deepen democracy.

    “Where there are contestations on institutional procedures, we must allow same institutions to perform their functions unhindered, autocorrect if necessary and set good precedence on future matters.

    Read Also: Atiku to Supporters: Reject APC

    “This is the only way we can build strong and lasting institutions.

    “While we would not want to be lured into discussing issues that are presently before the court and for which any respectable political party hoping to hold positions of responsibility should restrain itself.

    “We regret to suggest that PDP has been attempting to hoodwink Nigerians into believing that there is a political motive behind the charges brought against the CJN’’, he said.

    This, the APC spokesman said, it might itself be indicative of some unholy alliances between the PDP and the judiciary.

    He added that the likely affinity existing between the PDP and a section of the judiciary was further accentuated by the non-appearance of Justice Onnoghen before the CCT.

    Issa-Onilu, however, noted that this was in line with the suggestions made by PDP South South governors on Sunday.

    He wondered if Nigerians expected to see this as a mere coincidence and if the PDP and their governors were acting a script.

    He said this was especially worrisome knowing that the PDP’s campaigns had been receiving a cold shoulder everywhere they had gone to campaign.

    “We have also noticed the very dangerous attempt to designate the CJN’s arraignment along ethnic and religious lines thereby trying to heat up the polity by evoking primordial sentiments which would do the country no good.

    “This is an ungodly ploy when we consider that the CJN is an officer of the federation rather than that of any region.

    “We, therefore, urge Nigerians of good conscience to caution the PDP as the country is bigger than any political party or the interest it represents,”he said.

    Issa-Onilu stressed that nothing should stop the country’s steady march into sustainable democratic governance.

    He noted that the PDP was always defending cases of corruption anytime they arose.

    He said the call by the PDP’s South-South Governors for the CJN’s boycott of the CCT trial further cemented APC’s position.

    Issa-Onilu reiterated that nobody, no matter how highly placed, should be above the laws of the land.

    He said the attack that had come from the PDP in the wake of the trial of the CJN over alleged false asset declaration was particularly worrisome and suspicious.

    This, he said, was especially so when the PDP had in fact called for the removal of virtually all heads of government’s arms, particularly the Chairman of Independent National Electoral Commission (INEC) and Inspector-General of the Police over frivolous issues.

    He said it had become apparent that the PDP and its presidential candidate were facing imminent defeat in the coming elections and might be searching for some unorthodox means of forcing itself on Nigerians.

    “If this were not so, the PDP should, before coming to these distracting conclusions, have taken cognisance of the facts of the allegations made against the CJN and his admission to the facts so stated,”Issa-Onilu said.

  • Why CJN must face trial, by APC

    The All Progressives Congress ( APC ) on Monday asked Nigerians to caution the opposition People’s Democratic Party (PDP) over what it called virulent attacks on the party and institutions of government saying Nigeria was bigger than any political party or any political interest.

    Speaking at a news conference in Abuja, National Publicity Secretary of the party, Mallam Lanre Issa-Onilu also faulted the decision of the Chief Justice of Nigeria, Walter Onnenghen  not to appear before the Code of Conduct Tribunal to answer charges false asset declaration preferred against saying the decision could have been based on the suggestions of PDP Governors from the south south.

    He said while the APC will not be drawn in debating the legality or sponsored conspiracies of the CCT trial, the party believe that it was an opportunity for the Chief Justice to exonerate himself and prove his innocence in the matter, adding that the issue concerning the CJN should be allowed to follow the due process of law.

    He said the APC believe and insist that our democratic and constitutional institutions must be allowed to operate without interference and undue pressure from partisan and sundry interests as being done by the PDP and its cronies.

    According to him, PDP’s attempt to hoodwink Nigerians into believing that there is a political motive behind the allegation brought against the CJN might itself be indicative of some unholy alliances between the party and the judiciary.

    He said: “Following the notice of the charges preferred against the Chief Justice of Nigeria, Justice Walter Onnoghen, by the Code of Conduct Bureau at the Code of Conduct Tribunal, the Peoples Democratic Party (PDP) has been on overdrive vituperating over an issue that should at best be left to the judiciary to resolve.

    “While we would not want to be lured into discussing issues that are presently before the courts and for which any respectable political party hoping to hold positions of responsibility should restrain itself, we regret to suggest that the PDP’s attempt to hoodwink Nigerians into believing that there is a political motive behind the allegation brought against the CJN might itself be indicative of some unholy alliances.

    “The likely affinity existing between the PDP and a section of the judiciary is further accentuated by the nonappearance of Justice Onnoghen before the Code of Conduct Tribunal on Monday in line with the suggestions made by the PDP governors from the South South on Sunday.

    “Are Nigerians expected to see this as a mere coincidence? Is the PDP and their governors acting a script? Haven’t we missed an opportunity to show confidence in an institution headed by the CJN?

    “This becomes more worrisome knowing that the PDP’s campaigns have been receiving a cold shoulder everywhere they have gone to and it has become apparent the party and its Presidential candidate are facing imminent defeat in the February 2019 elections and may be searching for some unorthodox means of forcing itself on the Nigerian people.

    “If this were not so, the PDP should, before coming to these distracting conclusions, have taken cognisance of the facts of the allegations made against the CJN and his admission to the facts so stated.

    “The only logical conclusion in the circumstance is that realising the refusal of Nigerians to allow the deception of the PDP con them into returning the party to power, the opposition party has alongside some pliable human rights activists devised a plot to distract the APC and indeed the good people of Nigeria from addressing the very important issues on the APC’s manifesto in the electioneering process.

    “We have also noticed the very dangerous attempt to designate the CJN’s arraignment along ethnic and religious lines thereby trying to heat up the polity by evoking primordial sentiment which would do the country no good. This is an ungodly ploy when we consider that the CJN is an officer of the federation rather than that of any region.

    “We, therefore, urge all Nigerians of good conscience to caution the PDP as the country is bigger than any political party or the interest it represents, and nothing should stop the country’s steady march into sustainable democratic governance.

    “In our earlier statement on the CJN’s CCT trial, we had noted the PDP’s shocking and innate proclivity to defend cases of corruption anytime it arises. The call by the PDP’s South South Governors for the CJN’s boycott of the CCT trial further cements our position. Let it be reiterated that nobody no matter how highly placed should be above the laws of the land.

    Read Also: No schemer can turn Buhari against me- Amosun

    “We wish to put on record that the virulent attack that has come from the PDP in the wake of the trial of the CJN over alleged false asset declaration is particularly worrisome and suspicious when the PDP has in fact called for the removal of virtually all heads of government’s arms, particularly the Chairman of Independent National Electoral Commission (INEC) and Inspector General of the Police over frivolous issues.

    “While we will not be drawn into debates on the legality and sponsored conspiracies of the CCT trial, we insist that our democratic and constitutional institutions must be allowed to operate without interference and undue pressure from partisan and sundry interests as being done by the PDP and its cronies.

    “The CCT trial is a legal matter, let the law run its course. The CJN must go through the instrumentalities of the courts, more importantly as an institution he represents. Indeed, this is the true test of our constitution, rule of law and will deepen democracy.

    “Where there are contestations on institutional procedures, we must allow same institutions perform their functions unhindered, autocorrect if necessary and set good precedence on future matters. This is the only way we can build strong and lasting institutions.”