The Code of Conduct Tribunal on Tuesday rejected the Federal High Court, Abuja, and National Industrial Court of Nigeria’s orders stopping the trial of the Chief Justice of Nigeria, Walter Onnoghen.
Onnoghen is facing trial for alleged false declaration of assets.
The
CCT also held that the courts were of coordinate jurisdiction with the
tribunal and so lacked powers to direct or supervise its proceedings.
The
CCT Chairman, Danladi Umar, said these while rejecting a motion by
Onnoghen asking the tribunal to adjourn indefinitely based on the High
Court and the NICN’s orders that the parties must maintain the status
quo.
He gave the ruling in a split decision of two to one. While
Justice William Atedze gave the dissenting judgement, Justice Julie
Anabor agreed with the tribunal chairman.
Meanwhile, Onnoghen was
again absent from the hearing on Tuesday. It was reported that the
CJN would again be absent from the hearing.
Justice Umar
rejected the submission by the Defence Counsel led by Chief Wole
Olanipekun (SAN) that the tribunal should adjourn indefinitely based on
the orders of the Federal High Court, Abuja, and the NICN which ordered
the parties to maintain the status quo pending hearing and
determination of the motion on notice.
Olanipekun also argued that the tribunal should adjourn because the matter was already before the Court of Appeal, Abuja.
But
noting that the Court of Appeal had yet to issue any order, the CCT
chair agreed with the complainant’s counsel, Aliyu Umar (SAN), that the
judgement cited were from courts of equal status with the tribunal as
court of superior record.
Justice Umar said, “This is because the
tribunal is established by the constitution under the third schedule to
adjudicate on matters of asset declaration.
“Therefore any order from any court directing it not to carry out its duty is in crystal violation of the constitution.”
Justice Umar said an appeal from the tribunal could only go to the Court of Appeal.
The
tribunal adjourned sitting till January 28 for hearing of Onnoghen’s
preliminary objection where he is challenging the jurisdiction of the
court.
While the sitting was on, a group — National Interest
Defenders and Lawyers in Defence of Democracy — stormed the tribunal to
protest against the CJN’s trial .
The groups carried placards
of various inscriptions including, “APC wants to destroy our Supreme
Court”, “Buhari wants judges to join APC” and “Nobody can force Onnoghen
out.”
Spokesman for the group, Ikenga Ugochinyere, advised
President Muhammadu Buhari against removing the CJN, saying that could
cause tension in the country.
He said, “The President wants to
install a pliable Justice to help the APC get favourable judgements
from the Supreme Court in the Rivers and Zamfara APC crisis, in the
presidential election and in the states where they are afraid they will
lose elections. The states include Akwa Ibom, Delta, Lagos, Benue, Imo,
Kwara, Plateau, Kaduna, Abia and Sokoto.”
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