BY VICTOR BUORO, ABUJA – The Code of Conduct Tribunal (CCT) sitting in Abuja, has ordered the arrest of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen by the Nigeria Police and Department of State Security (DSS) for arraignment at the Tribunal on Friday, February 15, 2019.
Specifically, the Tribunal directed the Inspector General of Police and Director General of DSS, to execute the arrest warrant and ensure Justice Onnoghen is brought before it on the adjourned date.
Chairman of the Tribunal, Mr Danladi Umar gave the order following the Federal Government’s application for a bench warrant to be issued against Justice Onnoghen after he failed to appear before the Tribunal and enter his plea to the six-count charge pending against him.
Accused of failing to declare his assets as prescribed by law as well as operating foreign bank accounts in contravention of the code of conduct for public officials, the suspended CJN had on three previous dates, failed to appear before the CCT for arraignment.
At the resumed proceeding, the Federal Government lawyer, Mr Aliyu Umar, relied on section 6 (1) of the CCT Practice Direction and section 396 of the Administration of Criminal Justice Act, ACJA, 2015, to apply for a bench warrant against the defendant.
Umar said; “May I draw your attention and the honorable members to the fact that the defendant is not in court today. I hereby humbly apply for a warrant of arrest against the defendant.”
But in his submission, Chief Adegboyega Awomolo (SAN), who is counsel to the embattled CJN, Justice Onnoghen, pleaded with the CCT to refuse the application and proceed with hearing Onnoghen’s motion challenging the Tribunal’s jurisdiction and legal competence of the charge against him.
Citing section 35 and 36 of the 1999 Constitution, as amended, Chief Awomolo argued that the Tribunal is duty-bound to determine the issue of its integrity and impartiality first, before commencing the main trial.
He further submitted that the defendant’s presence was not mandatory during hearing of an objection to the charge, noting that the Tribunal had earlier adjourned to hear all the pending applications.
According to Awomolo; “The defendant is entitled to fair trial and fair hearing and the constitution has mandated that he must be afforded every facility to establish his innocence. A criminal trial is a serious matter that affects the liberty of a citizen.”
He argued that application for the Tribunal to ‘issue a bench warrant is persecuting by the prosecution’, and therefore urged the tribunal to preserve the defendant’s rights.
