justice Danladi Umar Chairman
CCT
justice Danladi Umar Chairman
CCT
CCT Rejects Court Orders Stopping Onnoghen’s
Trial
The Code of Conduct Tribunal (CCT) has held that all orders of
court restraining or stopping it from proceeding with the trial of
the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen are not
binding on it.
The CCT in a split decision of two to one discountenanced the
orders of the court on the grounds that the orders were made by
courts of equal jurisdiction and the CCT is a special Court
empowered to handle exclusively the issues relating to assets
declaration.
The position of the CCT was made by the Chairman, Justice
Danladi Umar and was supported by Justice Juli Anabor, who aligned
herself with the chairman’s position while Justice Williams Atedze
gave the dissenting judgment.
Umar had in his ruling held that those who obtained the orders
of the High Court were busybodies because they are not parties in
the matter at the tribunal.
He maintained that the orders of the High Courts and that of the
National Industrial Court are null and void on account of being
inconsistent with the provisions of the Constitution, adding that
section 246 makes it crystal clear that the tribunal has
unquantified jurisdiction to hear any assets declaration case as
may be referred to it by the Code of Conduct Bureau (CCB).
Umar also disagreed with the request to adjournment the trial
Sine Die, on the grounds of a pending appeal at the Court of
Appeal, adding that section 306 of the Administration of Criminal
Justice Act, ACJA, 2015, did not Make provisions for stay of
proceedings in a criminal matter and that in the instant case, it
shall not be entertained.
Atedze in his dissenting ruling held that it would result to
judicial anarchy for the tribunal to proceed with the trial in view
of the four subsisting court orders and the pending appeal at the
Court of Appeal.
According to him, orders are binding on the tribunal until they
are set aside in view of section 287(3) of the 1999 Constitution
which allow court orders to be enforced in all parts of the county,
stressing that the CCT cannot operate in isolation.
“Having summarized argument from both parties, it is my
submission that CCT as a creation of law is bound by the existing
court orders to avoid judicial anarchy”, he held.
The member who further held that the issue of jurisdiction of
the tribunal to entertain the charge against CJN must first be
resolved, held that status quo must be maintained by adjoining
proceedings sine die until all contending issues are resolved.
Although the Chairman ordered that the motion challenging the
jurisdiction of the tribunal be moved immediately, counsel to the
defendant, Chief Wole Olanipekun SAN however, informed the tribunal
that the response of the complainant, Federal government was served
on him late Monday and as such needed time to study the response
and then filed reply on point of law.
Counsel to the Federal government, Aliyu Umar, agreed that the
government’s response was served late on the defendant, prompting
the Chairman to adjourned further proceedings till Monday, January
28.
By PRNigeria