Code Of Conduct Tribunal Orders Day To Day Trial Of Onnoghen’s Case

•Suspended CJN rejects tribunal’s chair

The Code of Conduct Tribunal (CCT) has ordered that further
proceedings in the trial of the suspended Chief Justice of Nigeria
(CJN), Justice Walter Onnoghen be conducted on a day-to-day
basis.

Tribunal Chairman Danladi Umar, in a bench ruling yesterday also
elected to reserve, till the conclusion of the trial, decisions on
applications by Justice Onnoghen, which challenged the tribunal’s
jurisdiction and another asking Umar to recuse himself from the
case.

Umar cited Section 296(2)&(3) of the Administration of
Criminal Justice Act (ACJA) his support to position he took.

The CCT Chairman’s decision was unexpected by many, because
shortly before delivering his bench ruling, he had sought the views
of lawyers on both sides on how the tribunal should proceed in view
of the provision of Section 296(2) of the ACJA vis a vis the
applications just argued.

Umar had sought the lawyers’ views after the tribunal took
arguments from both sides in relation to the two applications by
Onnoghen.

In his contribution, lead prosecution lawyer, Aliyu Umar (SAN),
said, by the provision of Section 296(2), the tribunal could
reserve its ruling in the application that challenged its
jurisdiction.

He said the tribunal cannot afford to proceed without ruling on
the other application, querying the tribunal chairman’s integrity
and demanding that he excuse himself from further proceedings on
grounds of likely bias.

On his part, lead defence lawyer, Adegboyega Awomolo (SAN) said,
in view of the issues raised in both applications, which are
contesting the tribunal’s jurisdiction and the integrity of its
Chairman, and his ability to be fair in his handling of the case,
the tribunal cannot proceed without first, ruling on both
applications.

After listening to both lawyers, the CCT Chairman proceeded,
there and then, to write his ruling, which he delivered about 20
minutes later, refusing to adopt either of the positions suggested
by Umar and Awomolo.

He said that in line with the provision of Section 296(2) of the
ACJA, the tribunal has the powers to consider any motion or
application challenging its jurisdiction or the competence of a
charge pending before it, along with the substantive case and makes
its ruling at the time of the delivery of judgment.

The CCT chairman said: “It is to be noted that, in view of the
sensitive position of the third arm of government, that is the
judiciary, which is the formidable arm of government, and in
consideration of the importance of the judicial arm of government,
which is at the heart of the stability of the nation, it is
imperative that the tribunal expedite proceedings in this trial in
order to prevent anarchy, lawlessness and chaos.

“The tribunal deems it fit to treat this matter with utmost
dispatch, hence the need to accelerate the hearing and
determination of all motions and the substantive matter together
and render its decision.”

Umar further said the tribunal “shall be strictly guided by the
provisions of the ACJA 2015, which encourages speedy trial of
proceedings.”

The chairman proceeded to order that all rulings in the
applications argued before the tribunal, shall be ruled upon, along
side the substantive case, in accordance with the provision of
Section 296(2) of the ACJA.

He added that, in accordance with the provisions of Section
296(3) of the ACJA and Paragraph 5(5) of the Practice Direction of
the tribunal, and in View of the fact that both applications of the
defendant bother on the jurisdiction of the tribunal, the tribunal
shall henceforth conduct the case on day-to-day basis.

Umar further said: “In view of the above observations, the
tribunal hereby orders that ruling in the two applications of the
defendant/applicant, shall be reserved and delivered along with the
decision of the tribunal on the substantive trial.

“In view of the provision of Section 296(3) of the ACJA, the
proceedings in this case shall be conducted day-to-day. In view of
the foregoing, the tribunal hereby adjourn this matter till
tomorrow, the 12th of March, 2019 for continuation of hearing of
the substantive case,” Umar said.

As he ended his ruling, Umar did not wait for the contributions
of the two members of the tribunal’s three-man panel before
announcing the closure of proceedings for the day.

As he walked towards his chambers, with the two members of the
panel in toe, Justice Onnoghen, who had sat quietly in the dock for
the better part of the proceedings, stood up and walked toward his
lawyers, with whom he conferred briefly before walking out of the
tribunal’s sitting venue, into his waiting car parked close to the
main entrance of the tribunal’s courtroom.

At the commencement of proceedings, shortly after 10am,
Onnoghen, who sat among some lawyers, on the front seat to the
right of the courtroom, walked briskly into the dock.

In the dock, Onnoghen chose to stand, prompting the CCT Chairman
to direct officials of the tribunal to fetch a chair for him.

When a security official of the tribunal offered a chair, some
individuals, who accompanied the defendant to the court rejected
it. Instead, one of them brought a collapsible chair from outside
the courtroom and set it behind the defendant, who wa still
standing.

Onnoghen, who stood for over an hour, later sat on the chair,
brought by his aides, for the better part of the proceedings.

Before arguing the defendant’s applications, Awomolo identified
five applications, which his client filed, but chose to argue only
two.He said while event has overtaken two, one should be left in
the tribunal’s file till a later date.

He elected to argue the one asking the tribunal Chairman to
recuse himself and the other challenging the tribunal’s
jurisdiction.

In relation to the application seeking Umar’s exclusion from the
proceedings, Awomolo said its substance relates to the doubt
whether the defendant would be accorded fair hearing in view of the
question surrounding the independence and impartiality of the
tribunal.

He added that the application raised two major points, one of
which was that the proceedings before the tribunal “is afflicted
with major vires and constitutional issues.

Awomolo noted that his client doubt the capacity of the tribunal
to exercise fairness and independence in its handling of the
proceedings where every major player in the case are agents of the
Executive arm of government.

In a counter argument, Umar (the prosecution lawyer) urged the
tribunal to reject both applications, arguing that they were
without merit.

Umar argued that the question about whether or not the CCT
Chairman should be excused from the proceedings was already on
appeal before the Court of Appeal, which has reserved judgment on
the appeals filed by Onnoghen on that and other issues.

“We submit that the Court of Appeal has the power to direct that
this matter be heard by other members of the tribunal should it
feels that the Chairman is bias,” Umar said.

He further submitted that the defendant/applicant did not, in
his filings, demonstrate any act of bias on the part of the
Chairman or any member of the tribunal.

The lead prosecution lawyer urged the tribunal to depart from
its decision in the Ngwuta case and proceed to hear the case
against Onnoghen.

He argued that the decision in Ngwuta case was given in error,
and asking the tribunal to uphold that decision is like asking it
“to continue to proceed in error.”