Onnoghen’s Case: CCT Boss, SAN In Hot Exchanges

• Tribunal insists on trial

BY EDMOND ODOK, ABUJA- Chairman of the Code of Conduct Tribunal (CCT), Mr Danladi Umar and Chief Adegboyega Awomolo (SAN), counsel to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen engaged in hot exchanges over the defendant’s request for another adjournment.

For the CCT Chairman, the suspended Chief CJN must be arraigned over his alleged failure to declare his assets.

According to Umar, who heads the three-member panel, it is legally wrong for Justice Onnoghen to stay afar, and query the competence of the charge against him as well as the CCT’s jurisdiction to entertain case.

He cited the plethora of decided cases by the Supreme Court that a defendant in a criminal matter must firstly mount the dock and enter his plea to the charge, before any application could be heard.

Umar also relied on the Administration of Criminal Justice Act (ACJA) 2015, stressing that the Tribunal would not hear Justice Onnoghen’s applications until he is arraigned to enter his plea on charges preferred against him.

For the third consecutive time, Justice Onnoghen on Monday failed to appear before the Tribunal to defend the six-count charge entered against him by the Federal Government.

Onnoghen had through his counsel, Chief Awomolo, urged the Tribunal to temporarily suspend the trial since the National Judicial Council (NJC) is already seized of facts of the matter.

In applying for the adjournment, Chief Awomolo told the Tribunal: “I humbly pray your Lordships to tarry for a while so that the defendant will not suffer double jeopardy. “It is in the interest of justice to allow the NJC to take a decision before proceeding with the case. I believe that the integrity of this Tribunal will be further enhanced if this application is granted.”

Though the prosecution counsel, Alhaji Aliyu Umar, did not opposed the adjournment request, he however decried what he termed as ‘consistent absence’ of the suspended CJN at the Tribunal.

Proposing that the case be adjourned till Thursday, Umar however warned that FG would not hesitate to wield its powers and apply for an arrest warrant, should Justice Onnoghen fail to appear on that date. “If he fails to appear on that day, we will be forced to apply for a bench warrant”, Umar said.

But in his intervention, the Tribunal Chairman, Mr Umar, insisted on proceeding with the trial by allowing the parties to argue the preliminary objection filed by the suspended CJN challenging the Tribunal’s jurisdiction to try him. He further accused Onnoghen’s lawyer of deliberately employing delay tactics in a bid to frustrate the trial.

Upset by the CCT Chairman’s comments on the matter, a furious Chief Awomolo said given his illustrious career and standing at the Bar, he should be accorded the deserved respect.

According to him, though it was important for lawyers to respect the Bench, the Judges must also respect themselves too. “I have spent over 25 years in Bar, and will not stand and allow anyone to disrespect me in front of junior lawyers. I take serious exception to that”, Awomolo said.

Responding, the CCT Chairman vowed to continue with the trial, saying: “My position is that you have to move your application today, if you don’t, I will ask the prosecution to move its application for interlocutory injunction against the defendant”, the CCT Chairman warned.

However, the timely intervention of the prosecution counsel led to the Tribunal’s decision to stand-down the matter for about 30 minutes.

Interestingly, about 10 minutes after the Tribunal had stood the matter down, it reconvened, only to adjourn the case till Wednesday, February 13, 2019. Mr Umar however urged Justice Onnoghen’s legal team to ensure he appeared before the Tribunal for arraignment at the next adjourned date.