The trial of the Chief Justice of Nigeria (CJN), Hon. Justice Walter Onnoghen, who had been charged before the Code of Conduct Tribunal (CCT) for allegations bordering on “non-asset declaration”, is to continue. According to the charge, Justice Onnoghen failed to declare his assets as required of a public officer and thus, has six counts of false asset declaration filed against him by the Federal Government. According to the lead prosecution counsel, Aliyu Umar: “Two applications were made, first on the issue of jurisdiction challenging the competence of the tribunal, while the other is on Justice Onnoghen’s removal as the head of the National Judicial Council (NJC) and as the Chief Justice of Nigeria.”
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), also filed a motion seeking an order directing Justice Onnoghen to step down as CJN, pending the conclusion of his trial before the CCT. The CCT adjourned the matter to 22nd January 2019, to allow for the CJN to be properly served, as his Personal Assistant had been served in his stead, and this type of service was not sufficient for a criminal matter, according to the argument made by the defence counsel.
In a related development, the Federal High Court and the National Industrial Court in Abuja, have made orders restraining the CCT from going ahead with the trial of the CJN, following applications made by some civil society groups.
The CJN had gone on to challenge the six-count charge preferred against him by the Federal Government at the Court of Appeal. On 21st January, counsel to the Federal Government, Mr. Emmanuel Omonuwa, raised objections to the Court’s readiness to hear the appeal, stating that he was just recently served with the processes and required time to respond to the issues raised. He therefore asked for an adjournment. Defence counsel, Chief Adegboyega Awomolo (SAN) sought an order of the Court to stop the CCT from proceeding with the arraignment of the CJN. The Court of Appeal refraining from making an order to stop the CJN’s arraignment, fixed Thursday, 24th January to hear the appeal lodged by the CJN.
On Tuesday, 22nd January 2019, the CCT Chairman, Justice Danladi Umar rejected an application by the defence lead counsel Chief Wole Olanipekun (SAN), seeking the Tribunal to adjourn the matter indefinitely based on the orders of the Federal High Court, Abuja and the National Industrial Court, which ordered the parties to maintain the status quo pending hearing and determination of the motion on notice and the appeal filed by the defence at the Court of Appeal. In a 2-to-1 decision, the CCT refused to adjourn the matter indefinitely, with the Chairman of the Tribunal stating that neither the High Court nor the National Industrial Court has such supervisory powers over the Tribunal. Therefore, it will go ahead to hear the CJN’s application challenging the jurisdiction of the CCT to try him.
On 24th January 2019, the Court of Appeal, sitting in Abuja ordered a stay of proceedings in the trial of the Justice Onnoghen at the CCT, pending the determination of the appeal brought against the Federal Government by the CJN. The matter was adjourned to 30th January 2019.