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Tag: Walter Onnoghen

  • Onnoghen accuses CCT of not following procedures in instituting case

    The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, on Friday accused the Code of Conduct Tribunal (CCT) of not following its set Standard Operation Procedures in instituting the case against him.

    Onnoghen made the accusation during his resumed trial in Abuja.

    NAN reports that Onnoghen is being arraigned at the CCT following a charge against him brought by the Code of Conduct Bureau in January.

    The CCB accused Onnoghen of failing to declare his assets from June 2005, after he became a Justice of the Supreme Court till December 2016, two months after the Federal Government raided the homes of several judges, including those of the Supreme Court in October 2018.

    According to the six-count charge brought against him, Mr Onnoghen is also accused of false declaration of his assets, following his alleged failure to include some domiciliary accounts managed by the Standard Chartered Bank.

    Read Also: Onnoghen accuses CCT of not following procedures in instituting case

    The accounts, created in 2011 and used for the transfer of foreign currencies, were omitted in one of two forms filled on December 14, 2016, by Mr Onnoghen.

    According to section 3(d) of the CCB act, the Bureau is empowered to receive complaints about cases of non-compliance with or breach of the act.

    The section also empowers the CCB to refer such non-compliance to the CCT where the public officers accused of the alleged breach, will be tried according to the provisions of the act.

    NAN reports that the prosecution team led by Aliu Umar, presented three witnesses before closing its case on March 21.

  • Prosecution closes case in Onnoghen’s trial after three witnesses

    The prosecution in the trial of suspended Chief Justice of Nigeria (CJN) Walter Onnoghen yesterday closed its case after calling three witnesses.

    Onnoghen is being tried before the Code of Conduct Tribunal (CCT) for alleged violation of the code of conduct for public officers by not declaring correctly his assets.

    The prosecution, led by Aliyu Umar (SAN), called two witnesses  – a retired director of the Code of Conduct Bureau (CCB), Awal Usman Yakasai and Team Lead, Priority Banking, Standard Chartered Bank, Ifeoma Okabue.

    Okabue, who testified as the third prosecution witness, gave details of the five domiciliary accounts held by Onnoghen in her bank, including the balances in the accounts between December 2018 and January 2019.

    Yakasai, who was the second prosecution witness, confirmed receiving Onnoghen’s asset declaration forms for 2014 and 2015, which reflected, among others, that he has five houses.

    Umar, at the conclusion of Okabue’s testimony, told the tribunal that, although the prosecution had indicated its intention to call six witnesses, it was comfortable with the testimony of the three witnesses called so far and would close its case.

    Led in evidence by Umar, Okabue said she started managing Onnghen’s accounts in 2015.

    The witness confirmed from a bundle of documents, including account opening documents and statements of account, marked ‘Exhibit 5’, which was handed to him by an official of the tribunal, on Umar’s request, that the defendant has five accounts.

    She said the first account, with No: 5001062686, was opened in April 2010, the second: 0001062667 was opened in June 2009; the third: 0001062650 was opened in June 2009; the fourth: 5001062679 was opened in March 2010 and the fifth: 5001062693 was opened in February 2011.

    Still reading from the documents, the witness raid the first account had an opening balance of €30,178.58 in January 2018 and a balance of €10,187.18 as at December 2018.

    The second account, 0001062667, the witness said, the balance by January 2018 was N34,280,904.61. It had N2,656,019.21 as at December 2018.

    The third account: 0001062650, Okabue said, had, by January 2018, a balance of $80,824.25. The balance was $56,878 by January 2019.

    Okabue said the fourth account 5001062679, had a balance of £39,456.08 in January 2018. This went down to £13,730.70 by December.

    The witness said the fifth account:50010626 had an opening balance of N6,411,312.77k by January 2018, which increased to N12,852,580.52 by December.

    In explaining the nature of the accounts, the witness said: “The Euro account is savings account. There are two naira accounts –  one is a current account and the other is a savings account. The pound sterling account is savings account, while the US dollars account is a current account.

    “I took over the management of the accounts in 2015. The accounts are currently active.”

    The witness confirmed meeting the defendant, in her capacity as the bank’s Relationship Manager in charge of High Networth Customers, sometime in 2015.

    When asked how to know if an account was dormant, Okabue said: “An account would be dormant due to inactivity for up to one year. Whether an account is dormant or not can be ascertained from the statement of account.

    “When an account goes dormant, it is my responsibility, as the Relationship Manager, to inform the customer of the dormant status of the account and encourage the customer to reactivate the account or the bank sends a notification to the customer.”

    When asked if such communication ever took place in relation to the status of the defendant’s accounts, the witness said she could not recall her bank or her informing the defendant that any of his accounts was dormant or should re-activate.

    Under cross-examination by the lead defence lawyer, Adegboyega Awomolo (SAN), Okabue said the bank invested some of the funds in the defendant’s accounts on his behalf and paid the yield from such investments back into the accounts.

    She added that the defendant got  a facility (loan) of 500,000 US dollars from the bank in January 2019, the security for the loans were his investments in Federal Government’s bonds and other investments, such as shares and others

    Okabue said the domiciliary accounts in Pound sterling, Euro and US Dollars were operated here in Nigeria, not overseas, by the bank.

    She said the bank advised the defendant to invest in other profit yielding investments,  and that interests on theses investments were regularly credited to these accounts.

    The witness said there was no evidence in the account statements that showed the defendant made a transfer for the purchase of pleasure/luxury vehicles.

    Yakasai, who testified earlier, told the tribunal how he received the completed forms from Onnoghen and how the forms were inspected in his presence.

    The witness, who said he is now a farmer, told the tribunal that, as at December 2016, he was a director in CCB, in charge of Federal Political Office Department.

    “My schedule of duties includes taking charge of the general administration of the department, responsible for operational activities of the department, that include issuing and receiving completed copies of assets declaration forms (CCB1) from federal political office holders as well as staff of the Federal Judiciary.

    “That was the main schedule of my duties as at that time.I was posted to that department in November 2013 up to February 2017. I retired in April 2018.”

    The witness said he met the defendant once when he (the defendant) came to submit his declaration form in my office.

    Yakasai added: “He (Onnoghen) came to submit his forms on December 14, 2016. On that day, in my office in Asokoro, I was attending a meeting at the conference hall when a staff of mine called me and informed that the defendant was in my office to submit his forms.

    “I left the meeting and came to attend to the defendant, who was accompanied by one other person. I collected the forms from him.

    “We went through the form, from one page to another, with them, up to the last page, which was page 6.

    “After that, I put down my name in page 8 as the receiving officer. And appended my signature to confirm that I was the person who received it.”

    “Thereafter, I handed the form to the schedule officer.And directed him to register the form in our register and process the acknowledgment slip to be handed back to him. I then went back to my meeting.

    “I received two forms from the defendant. After signing, the slips were detached from the forms and were handed over to the person, who the defendant came to my office with. The forms were retained in the Chairman’s office, as is the procedure,” the witness said.

    Yakasai said apart from receiving the forms and directing his junior officer to conclude the process, he did not do any other thing in relation to the form.

    The witness confirmed the forms, marked as Exhibits 2 and 3, when they were shown to him.

    Under cross-examination, he said he did not know the group that wrote the petition that informed Onnghen’s investigation and subsequent prosecution.

    The witness, who confirmed that information in the petition by the group was similar to those in the form submitted by Onnoghen, said he did not know how the group got its information.

    He also told the tribunal that it was the CCB Chairman who could only authorise access to completed assets declaration forms kept with the bureau.

    At the conclusion of the the prosecution witness’ testimony, Umar announced the closure of the prosecution’s case, following which Awomolo said the defence planned to make a no-case submission in line with the provision of Section 303 of the Administration of Criminal Justice Act (ACJA).

    Umar adjourned the matter till March 29 for adoption of parties’ addresses in respect of the defence’s no-case submission.

    Before the proceedings, the tribunal Chairman noted that the last proceedings on March 18 was misrepresented in some media reports.

    He urged the media to ensure appropriate reportage of proceedings and to avoid distortion and misrepresentation.

    Umar threatened to come down hard on any media house and journalist who misrepresents proceedings at the tribunal. He threatened to ensure that such a journalist was incarcerated for as long as he remains in service.

    He said: “Henceforth, any journalist, who publish distorted and concocted information contrary to what happens here, I will not…

    “They will languish there in prison until I retire, about 28 years from now. I have made my point clear to the journalists. They should take hint.”

    Umar also told lawyers in the case to, henceforth refer to each member of the tribunal as “my Lord”, as is the case in the regular courts.

     

  • Prosecution closes case in Onnoghen’s trial after three witnesses

    The prosecution in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen closed its case on Thursday after calling three witnesses.

    Onnoghen is being tried before the Code of Conduct Tribunal (CCT) on allegation of non-declaration of assets in violation of the code of conduct for public officers.

    The prosecution, led by Aliyu Umar (SAN), called two witnesses on Thursday, a retired director of the Code of Conduct Bureau (CCB), Awal Usman Yakasai and Team Lead, Priority Banking, Standard Chartered Bank, Ifeoma Okabue.

    Okabue, who testified as the third prosecution witness, gave details of the five domiciliary accounts held by Onnoghen in her bank, including the balances in the accounts between December 2018 and January 2019.

    Yakasai, who was the second prosecution witness, confirmed receiving Onnoghen’s asset declaration forms for 2014 and 2015, which reflected, among others, that he has five houses.

    Umar, at the conclusion of Okabue’s testimony, told the tribunal that, although the prosecution had indicated its intention to call six witnesses, it was comfortable with the testimony of the three witnesses called so far and would close its case.

    Led in evidence by Umar, Okabue said she took charge of the management of Onnghen’s accounts in 2015.

    The witness confirmed from a bundle of documents, which include account opening documents and statements of account, marked ‘Exhibit 5′ which was handed to him by an official of the tribunal, on Umar’s request, that the defendant has five accounts.

    She said the first account, with No: 5001062686 was opened in April 2010, the second: 0001062667 was opened in June 2009; the third: 0001062650 was opened in June 2009; the fourth: 5001062679 was opened in March 2010 while the fifth: 5001062693 was opened in February 2011.

    Still reading from the documents, the witness gave the balance in each of the accounts to include, that the first had an opening balance of €30,178.58 in January 2018 and a balance of €10,187.18 as at December 2018.

    For the second account: 0001062667 the witness said the balance by January 2018 was N34, 280,904.61 while it has N2, 656,019.21 as at December 2018.

    The third account: 0001062650, the witness said, has, by January 2018, a balance of $80,824.25, while it reduced to $56,878 by January 2019.

    She said the fourth account: 5001062679 have a balance of £39,456.08 in January 2018, which reduced to £13,730.70 by December of the same year.

    The witness said the fifth account:50010626 had an opening balance of N6,411,312.77k by January 2018, which increased to N12,852,580.52 by December of the same year.

    In explaining the nature of the accounts, the witness said: “The Euro account is savings account; there are two naira accounts, one is a current account and the other is a savings account. The pound sterling account is savings account, while the US dollars account is a current account.

    “I took over the management of the accounts in 2015. The accounts are currently active.”

    The witness confirmed meeting the defendant, in her capacity as the bank’s Relationship Manager in charge of High Network Customers, sometime in 2015.

    When asked how to know if an account was dormant, the witness said: “An account would be dormant due to inactivity for up to one year. Whether an account is dormant or not can be ascertained from the statement of account.

    “When an account goes dormant, it is my responsibility, as the Relationship Manager, to inform the customer of the dormant status of the account and encourage the customer to reactive the account or the bank sends a notification to the customer.

    When asked if such communication ever took place in relation to the status of the defendant’s accounts, the witness said she can’t recall her bank or her informing the defendant that any of his account is dormant or should re-activate.

    Under cross examination by lead defence lawyer, Adegboyega Awomolo (SAN), Okabue said the bank invested some of the funds in the defendant’s accounts on his behalf and paid the yield from such investments back into the accounts.

    She added that the defendant got a facility (loan) of 500,000 US dollars from the bank in January 2019, the security for the loans were his investments in Federal Government’s bonds and other investments, like shares and others

    Okabue said the domiciliary accounts in Pound sterling, Euro and US Dollars were operated here in Nigeria, not overseas, by the bank.

    She said bank advised the defendant to invest in other profit yielding investments, and that interests on these investments were regularly credited to these accounts

    The witness said there was no evidence in the account statements that showed the defendant made transfer for the purchase of pleasure/luxury vehicles.

    Yakasai, who testified earlier, told the tribunal how he received the completed forms from Onnoghen and how the forms were inspected in his presence.

    The witness, who said he is now a farmer, told the tribunal that, as at December 2016 he was a director in CCB, in charge of Federal Political Office Department.

    “My schedule of duties includes taking charge of the general administration of the department, responsible for operational activities of the department that include issuing and receiving completed copies of assets declaration forms (CCB1) from federal political office holders as well as staff of the Federal Judiciary.

    “That was the main schedule of my duties as at that time I was posted to that department in November 2013 up to February 2017. I retired in April 2018.”

    The witness said he met the defendant once when he (the defendant) came to submit his declaration form in my office.

    Yakasai added: “He (Onnoghen) came to submit his forms on December 14, 2016. On that day, in my office in Asokoro, I was attending a meeting at the conference hall when a staff of mine called me and informed that the defendant was in my office to submit his forms.

    “I left the meeting and came to attend to the defendant, who was accompanied by one other person. I collected the forms from him.

    “We went through the form, from one page to another, with them, up to the last page, which was page 6.

    “After that, I put down my name in page 8 as the receiving officer. And appended my signature to confirm that I was the person who received it

    “Thereafter, I handed the form to the schedule officer and directed him to register the form in our register and process the acknowledgment slip to be handed back to him. I then went back to my meeting.

    “I received two forms from the defendant. After signing, the slips were detached from the forms and were handed over to the person, who the defendant came to my office with. The forms were retained in the Chairman’s office, as is the procedure,” the witness said.

    Yakasai said apart from receiving the forms and directing his junior officer to conclude the process, he did not do any other thing in relation to the form.

    The witness confirmed the forms, marked as Exhibits 2 and 3 when they were shown to him.

    Under cross-examination, the said he did not know the group that wrote the petition that informed Onnoghen’ investigation and subsequent prosecution.

    The witness, who confirmed that information in the petition by the group was similar to those in the form submitted by Onnoghen, said he did not know how the group got its information.

    He also told the tribunal that it was the CCB Chairman who could only authorise access to completed asset declaration forms kept with the bureau.

    At the conclusion of the prosecution witness’ testimony, Umar announced the closure of the prosecution’s case, following which Awomolo said, the defence plans to make a no-case submission in line with the provision of Section 303 of the Administration of Criminal Justice Act (ACJA.

    Tribunal Chairman, Danladi Umar then adjourned to March 29 for adoption of parties’ addresses in respect of the defence’s no-case submission.

    Earlier before the commencement of proceedings on Thursday, tribunal Chairman noted that the last proceedings on March 18 this year was misrepresented in some media reports.

    He urged the media to ensure appropriate reportage of proceedings and to avoid distortion and misrepresentation.

    Umar threatened to come down hard on any media house and journalist who misrepresent proceedings in the tribunal.

    He threatened to ensure that such a journalist was incarcerated for as long as he remains in service.

    He said: “Henceforth, any journalist, who publish distorted and concocted information contrary to what happens here, I will not hesitate to ensure that such journalist is incarcerated.

    “They will languish there in prison until I retire, about 28 years from now. I have made my point clear to the journalists. They should take hint.”

    Umar, also told lawyers in the case to, henceforth refer to each member of the tribunal as “my Lord,” as is the case in the regular courts.

  • How Onnoghen underwent surgical evacuation, by hospital report

    Details of the health challenges of the suspended Chief Justice of Nigeria Walter Onnoghen emerged yesterday from a report presented to the Code of Conduct Tribunal.

    A private hospital in Abuja, Ideal Dental Services, claimed that Justice Onnoghen underwent surgical evacuation of abscess (Incision and drainage) in tooth No. 34.

    Justice Onnoghen has been discharged from the hospital but he is expected to “observe strict bed rest for 72 hours”.

    The CJN is facing a six-count trial at the Code of Conduct Tribunal (CCT).for allegedly not declaring some of his assets.

    Justice Onnoghen initially refused to appear before the tribunal. A bench warrant was issued by the Chairman of CCT Mr. Danladi Umar, for his arrest if he failed to show up.

    Following Justice Onnoghen’s appearance, the CCT chairman revoked the bench warrant and adjourned the trial for Tuesday.

    His lawyer, Mr. Adegboyega Awomolo (SAN), on Tuesday, however, told the Code of Conduct Tribunal (CCT) yesterday that his client was down with High Blood Pressure (HBP).

    The report was signed by the Medical Director/CEO, Dr. Francis Uche”

    The report, exclusively obtained by THE NATION, said: “This is to certify that Mr. Walter Samuel Nkanu Onnoghen presented to our clinic on the 8th of March 2019 on account of pain on the left gum for which he was examined and placed on antibiotics with analgesics.

    “However, he represented here today as an emergency with severe pains from the left jaw, throbbing headache, dizziness and fever.

    “Physical examination revealed an acutely ill-looking, middle-aged man with tenderness over the left jaw on palpation.

    “Intraoral examination revealed a buccal abscess related to tooth No 34 which is a dental implant. “Patient’s presenting blood pressure was 210/121mmHg while radiological investigations revealed apical radiolucency of tooth No.34.

    “A diagnosis of dento-alveolar abscess in a background of hypertensive emergency was made and an immediate surgical evacuation of abscess (incision and drainage) under local anesthesia was done.

    “Patient was discharged home on parenteral antibiotics and placed on anti-hypertensive to be administered by his personal physician.

    “He is also to observe strict bed rest with close monitoring of blood pressure and other vital signs for 72hours following which he is to come for post-operative folIow-up check.  Kindly accord him the necessary assistance.”

  • NBA denies querying prosecution lawyer in Onnoghen’s trial at CCT

    The Nigerian Bar Association (NBA) has faulted media reports to the effect that it has issued a query to Aliyu Umar (SAN) the lead prosecution lawyer in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter before the Code of Conduct Tribunal (CCT).

    NBA’s National Publicity Secretary, Kunle Edun said, in a statement on Sunday that Umar was only required to respond to a petition written against him by another member of the NBA.

    The statement reads: “The attention of the Nigerian Bar Association has been drawn to misleading headlines published by some bloggers and national newspapers giving the erroneous impression to members of the public that the Nigerian Bar Association has issued a query against the person of Aliyu Umar, SAN for appearing as a prosecuting counsel in the case against Hon. Mr. Justice Walter N. Onnoghen at the Code of Conduct Tribunal.

    “Please, be informed that the said publication is false and misleading. A proper perusal of the content of the letter of the General Secretary of the NBA, Jonathan Gunu Taidi, will bear this out.

    “Any member of the Nigerian Bar Association is entitled to send petitions to the NBA against any member who he perceives to have committed any infraction of our Rules of Professional Conduct.

    “When such a petition is received, NBA forwards same to the colleague against whom it is written for his response. That is what the NBA has just done. It is a long standing standard procedure.

    “The Nigerian Bar Association, in adhering to these laid down procedures is impervious to emotions or sentiments.

    Therefore, it is misleading to say that NBA has issued a query against the learned silk. The NBA urges members to desist from spreading false news over a process that is at its preliminary stage.

    “We should be properly advised and disregard any motive ascribed to the letter, particularly sensational headlines that are contrary to established facts. “

  • Updated: CCT: 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 Onnoghen.

    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.

    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.

    Chris Uche (SAN), who argued Onnoghen’s appeals urged the court to grant his client’s prayers and reject the notices of objection filed by the respondent (Federal Republic of Nigeria).

    Uche urged the court to, particularly, inquire into circumstances surrounding the grant of the ex-parte order by the CCT a day after parties appeared before the court and agreed to an adjournment.

    He claimed that the prosecution was not represented by any lawyer on January 23 this year when the ex-parte order was made, a claim lawyer to the respondent, Aliyu Umar (SAN) faulted.

    Umar, who is also the lead prosecution lawyer in the case before the CCT, urged the court to reject all the appeals and uphold the respondent’s notices of objection.

    He argued that there was no material before the court on which it could inquire into the circumstances surrounding the grant of the ex-parte order.

    Umar noted that the appellant failed to tender a copy of the order and record of the proceedings, a claim Uche later countered in his reply on point of law.

  • 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.

  • 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 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…