CCT: Appeal Court rejects Onnoghen’s prayer to stop trial

An Appeal Court in Abuja has dismissed a suit filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Nbanu Samuel Onnoghen seeking to stop his ongoing trial at the Code of Conduct Tribunal (CCT).

Earlier in January, the Court of Appeal ordered the Code of Conduct Tribunal to suspend the trial of Justice Onnoghen, until the appellate court determines the appeals.

A three-man panel led by Abdul Aboki gave the order after hearing from all parties involved in the suit.

The court also adjourned its main ruling on the said appeals till January 30.

According to the Court, the nature of the charges levelled against Onnoghen warrants that proceeding at the CCT continues.

Following his planned arraignment at the Code of Conduct Tribunal (CCT) on alleged false asset declaration on January 14, the CJN had asked the appeal court to stop the trial describing the case instituted against him by the Code of Conduct Bureau as “unconstitutional and lacking merit”. But the Appeal Court declined the initial request, saying it would decide on the application after hearing from parties regarding the case.

Since the Appeal hearing, the trial at the tribunal has since started and Justice Onnoghen was absent on both occasions that the case had come up.

According to the appellate court, Mr Onnoghen’s lawyers had argued that their application was brought because the tribunal, on January 14 refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.

The court, however, read through the words used during the January 14 adjournment of the tribunal wherein the CCT slated January 22 for hearing of motions in the matter.

“Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki while reading through the tribunal’s ruling on January 14.

“The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.

According to the appellate court, the words used by the tribunal did not suggest the submissions made by the applicant. The court questioned the likelihood of its jurisdiction to grant such order as requested, given the evidence before it.

“A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” said Mr Aboki who read the ruling with two other judges.

“Order for stay cannot be made in vacuum. It is a matter of law and fact,” the court ruled.

The court therefore decided that the application for stay of proceedings will not be granted and subsequently refused it.

The ruling implies that the CCT can now proceed with the trial of the chief justice for alleged false asset declaration.

The CCT had postponed the trial based on last week’s directive of the appeal court.