BY AMOS DUNIA, ABUJA – The Court of Appeal on Wednesday turned down the plea of the Chief Justice of Nigeria (CJN), Justice Walter Onneghen to stay his trial at the Code of Conduct Tribunal over allegation of false asset declaration instituted against him by the federal government.
The Appeal Court in a unanimous ruling delivered by Justice Abdul Aboki, held that the prayers of Justice Onnoghen, that his trial be put on hold, runs contrary to Section 306 of the Administration of Criminal Justice Act ACJA 2015.
Justice Aboki, who read the lead judgment cited the case of of the President of the Senate, Dr Bukola Saraki in which Justice Onnoghen himself at the Supreme Court declined to stay trial of Saraki on the same ground that Section 306 of the new law, did not permit the stay of criminal trial.
The Justices noted that there were no special circumstances under which the prayer of Justice Onnoghen could be granted in the appeal argued on his behalf by Chief Wole Olanikpekun.
The Court of Appeal agreed that the prayer of the appellant for stay of further proceedings ought to be refused, and consequently dismissed the appeal that sought to stop the Code of Conduct Tribunal from taking further steps in the six count false asset declaration charges filed against Justice Onneghen.
The Code of Conduct Tribunal chaired by Hon Danladi Yakubu Umar had on January 14, ruled to hear all motions that arose in the charges against Onnoghen together and give decision on the motions.
However, Justice Onnoghen, who was dissatisfied with the decision of the tribunal to hear all motions together, approached the Court of Appeal to set aside the decision of the tribunal.
His appeal was predicated on the ground that the issue of jurisdiction raised against his trial ought to be resolved one way or the other first before any other motion could be entertained.
The Interim order granted by the court of Appeal on January 24, 2019 has therefore been vacated in compliance with Section 306 of ACDA.
The Code of Conduct Tribunal on January 28, 2019, adjourned the trial of Justice Onnoghen sine die to allow the Court of Appeal rule on issue of jurisdiction as well as the interim order of the Court of Appeal.
The Federal government had on January 14, 2019, arraigned Justice Onnoghen at the CCT over allegation of false declaration of asset but it could not hold due to the absence of the defendant at the tribunal, who was said not to have been properly served.
However, on the January 22, 2019, Justice Onneghen was also not in court for the second time, as his lead counsel told the tribunal that although his client had been served as required by law, he was not present at the tribunal since he has challenged the competence of the charge against him as well as jurisdiction of the tribunal.
Meanwhile, the Court of Appeal has fixed February 4, 2019 for the substantive appeal as it relate to the competence of the charge as well as the jurisdiction of the tribunal.
