Onnoghen asks Appeal Court to stop his arrest

The suspended Chief Justice of Nigeria, Justice Walter Onnoghen,
on Wednesday, asked the Appeal Court in Abuja to stop his
arrest.

Onnoghen, who faulted the Code of Conduct Tribunal’s decision to
arrest him, based his argument on 11 grounds.

The suspended CJN said his decision to be absent from the CCT
was not in disobedience to any order as no order to compel his
attendance was served on him.

He said the tribunal erred by ordering his arrest when the
application challenging its jurisdiction to hear and determine the
complaints of the respondent had not been heard.

The court document read in part, “The appellant (Onnoghen) has a
pending motion challenging the competence of the charge preferred
against him and the jurisdiction of the tribunal to entertain
same.

“Until the issue of the CCT jurisdiction being challenged by the
appellant is heard and determined, the physical presence of the
appellant to take his plea is not mandatory or necessary.

“The order of the bench warrant is a breach of the respondent’s
right to appellant’s right to liberty under the Constitution of the
Federal Republic of Nigeria 1999 (as amended).”

Onnoghen said that the CCT contravened Section 266(b) of the
Administration of Criminal Justice Act when it ordered his arrest
as the Act clearly states that an appellant has a right to be
absent from court during the argument of an interlocutory
application.

Onnoghen challenged the decision of the CCT chairman not to step
down despite calls for him to recuse himself due to a pending
corruption charge against him and “likelihood of bias.”

Onnoghen asked the Appellate Court to “give an order setting
aside the order of the tribunal made on February 13, 2019; an order
for the constitution of a different panel at the CCT to try him and
an order dispensing his presence from the CCT.”