A Federal High Court sitting in Abuja and presided over by Hon
Justice E. N. Maha has just granted an Ex Parte Injunction
restraining the CCT from proceeding with the hearing of the case
involving the CJN pending the hearing and determination of the
substantive suit pending before it (FHC).
More details later
Read more just-in-cct-versus-cjn-fhc-restrains-cct-from-trying-cjn/
CJN Justice Walter Onnoghen
CJN Onnoghen Absent at CCT as Tribunal Adjourns
Proceedings to January 22, 2019
The Code of Conduct Tribunal (CCT) has adjourned to Tuesday
January 22, the proceedings in the non-declaration of assets charge
against the Chief Justice of Nigeria (CJN), Walter Samuel
Onnoghen.
The adjournment came following the agreement of all parties that
the charge and summons was not properly served on the CJN who did
not appear at the tribunal
The Federal Government has employed the services of a former
Commissioner of Justice in Kano State, Aliyu Umar, to head the team
of prosecutors, while a leading Senior Advocate of Nigeria (SAN),
Wole Olanipekun is the Lead counsel to the defendant.
Umar was also the prosecutor during the trial of Senate
President Bukola Saraki and his deputy, Ike Ekweremadu before an
FCT High Court
The tribunal chairman had at exactly 10am when the charge marked
CCT/ABJ/01/19, was called up, demanded to know why the CJN was not
in court and if he was served with the charge.
Responding, Umar, the prosecutor told the court that the CJN was
served through one of his personal assistants.
“When we went to his house, he directed his personal assistant
to collect the charge on his behalf. His personal assistant
endorsed it, so he has been served”, Umar who led five other
government lawyers, told the tribunal.
However, Chief Wole Olanipekun, who many Senior Advocates of
Nigeria and other lawyers, told the tribunal that the CJN had filed
a motion dated January 14, challenging jurisdiction of the tribunal
to try him.
He said: “My lord we are not just challenging jurisdiction, we
are even challenging the jurisdiction of this tribunal to even
sniff that charge”, Olanipekun submitted.
Olanipekun further challenged the competence of service of the
charge, insisting that under sections 123 and 124 of the
Administration of Criminal Justice Act, ACJA, 2015, criminal charge
ought to be personally served on a defendant.
Meanwhile, after a clerk of the Tribunal, following a query from
the Chairman, confirmed that the charge was received on behalf of
the CJN, by one Sunday O. Osai who was identified as his personal
assistant, the prosecution counsel, applied for FG to be allowed to
effect another service of the charge on Justice Onnoghen.
The prosecution however pleaded the court to direct that the
charge should not be handed to another person aside the CJN.
Justice
Following argument over legal technicalities for about an hour,
the Chairman of the tribunal, Justice Danladi Umar directed that
the six-count charge against the CJN should be served on CJN
personally before adjourned date, next Tuesday January 22,
2019.
He also directed that all the interlocutory applications would
be heard on the next adjourned date.
Over Senior Advocates of Nigeria (SAN) sighted at the CCT as
part of the defence team of the Chief Justice of Nigeria included:
Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi, Chris Uche, Yusuf
Ali, Garba Tetengi, Effiong Offiong, Kehinde Ogunwumiji, Paul
Erokoro, Tawo Tawo, Victoria Awomolo, Sebastine Hon and
Chukwuma-machukwu Ume among others.
By PRNigeria