Court of Appeal stops Onnoghen’s CCT trial

• Opposition parties hail ruling

From Godwin Tsa, Abuja

The Abuja division of the Court of Appeal has ordered the Code of Conduct Tribunal (CCT) to halt further proceedings in the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

The preservative order will, however, last till January 30, when the appellate court will deliver its ruling on the application brought by the CJN urging it to stay proceedings in his trial at the tribunal.

Justice Abdul Aboki, who led two other justices of the court, issued the interim order after listening to arguments canvassed for and against the application by Onnoghen.

The CCT had, after assuming jurisdiction to adjudicate on the six-count criminal charge against the CJN, fixed January 28 to proceed with the case.

Onnoghen is facing charges preferred against him by the Federal Government bordering on non-declaration of his assets. He is also being accused of maintaining domiciliary foreign currency account, comprising dollar, pound sterling and euro accounts, which are alleged to be contrary to relevant laws, especially for public office holders.

The CJN, who is challenging the jurisdiction of the CCT to try him, approached the Court of Appeal in Abuja for an order staying proceedings at the tribunal pending the determination of his appeal.

Onnoghen further asked for an order granting accelerated hearing of his appeal. Several courts, including the Federal High Court and the National Industrial Court, had issued restraining orders against the CCT from proceeding with the trial.

However, the tribunal had on January 22 ruled that the orders were not binding on it, having been issued by courts of coordinate jurisdiction. In a split decision of two to one, the CCT refused Onnoghen’s application for an indefinite adjournment of the trial.

Moving the motion for stay of proceedings yesterday at the Court of Appeal, lead counsel to the CJN, Chief Wole Olanikpekun, SAN, prayed the court to grant the stay until the determination of the appeal against the order of the tribunal made on January 14.

Olanipekun informed the tribunal that the issue involved was jurisdictional, constitutional and judicial, and that there was urgent need to preserve the res (the subject matter), emphasising that the situation deserved the intervention of the court.

“The subject is strong, unique and needs to be preserved,” he said.

He, therefore, urged the court to order stay of proceedings on the matter at the CCT, in the interest of the subject matter, Constitution and the institution of the judiciary. He also prayed the court for accelerated hearing of the appeal.

Responding, counsel to the Federal Government, Oyin Koleoso, urged the Court of Appeal to dismiss the application for lack of merit because, if the appeal succeeded, it would not terminate the case before the tribunal.

According to him, “the grievances that initiated the appeal are no longer there. If the request is granted, how then would the application be taken?”

Onnoghen has shunned the tribunal’s sittings since the case commenced on January 14.

Meanwhile, opposition political parties, under the aegis of the Coalition of United Political Parties, yesterday, lauded the Court of Appeal for restraining the CCT from proceeding with hearing in the false assets declaration suit against Onnoghen.

The first national spokesperson of CUPP, Imo Ugochinyere, made the position of the opposition parties known in a statement made available to journalists in Abuja.

Ugochinyere described the verdict as a victory for democracy and the rule of law.

“The Coalition of United Political Parties received with joy the news of the ruling of the three-man panel of the Court of Appeal, which sat in Abuja and restrained the Danladi Umar-led CCT from continuing with the trial of the Chief Justice of Nigeria, pending the determination of the main motion.

“The opposition sees the ruling as victory for democracy and rule of law and a fatal blow to the All Progressives Congress political barbarians, who are desperate to annex the Supreme Court to the list of their already destroyed national institutions.

“We advise APC to build a private court for their members as the Nigerian court cannot be intimidated to submit to the leadership of the outgoing ruling party.

“The opposition coalition stands for the independence of the judiciary and will fight with the last drop of its blood to protect such sacred institutions from being destroyed,” CUPP said.