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

The Code of Conduct Tribunal has ruled that the trial of the
suspended Chief Justice of Nigeria, Walter Onnoghen, shall continue
on a daily basis.

The tribunal made the decision after deciding that the
application challenging its jurisdiction in the matter be reserved
till the end of the hearing.

The tribunal chairman, Danladi Umar, who presided over two other
members of the bench on Monday gave the ruling and ordered the
continuation of the matter on Tuesday.

Mr Umar said his decision is in line with Section 296 of the
Administration of Criminal Justice Act which provides for a speedy
dispensation of criminal matters in court.

Mr Umar said the tribunal would in its subsequent hearing
entertain other applications brought by the prosecution lawyer,
Aliu Umar, on Monday and reserve ruling, in a like manner.

Mr Onnoghen’s lawyer, Adegboyega Awomolo, had reminded the
tribunal of their application challenging the jurisdiction of the
tribunal on the grounds that the NJC is the body empowered by law
to try serving judicial officers.

Mr Awomolo reminded the tribunal of its previous ruling in the
case of a Supreme Court Justice Sylvester Ngwuta who was discharged
of false asset allegations on account of another ruling by the
Appeal Court which ordered that only the NJC was empowered to first
indict a serving judicial officer, before he can be tried in any
court of law.

Mr Awomolo described the tribunal ruling in Mr Ngwuta’s case as
a ruling online with constitutional provision and asked the
tribunal to follow the dictates of that ruling since it has not
been contested by the prosecution.

In his part, the prosecution lawyer, Mr Umar, asked for an
extension of the ex-parte motion seeking the suspension of Mr
Onnoghen and demanded that the tribunal revisits the
application.

Mr Umar said the ruling discharging Mr Ngwuta was not duly
brought to the knowledge of his clients and argued that if the
reason aduced by Mr Awomolo was the reason for the discharge of Mr
Ngwuta, “the tribunal should not continue in its erro of aligning
with the appeal court ruling in the case of Nganjiwa.”

In a ruling after parties had concluded their arguments, Mr Umar
said the matter deserved utmost dispatch and ruled that the case be
continued on a daily basis.

” In respect of section 296 (2) of the ACJA it is very clear
that motions will be reserved till the time of the delivery of
judgement. The tribunal deems it fit to treat the motion with
utmost dispatch. Hence the need for speedy trial.

“The tribunal has ordered that all rulings needed can be ruled
upon with the substantive matter. The hearing of the substantive
matter shall proceed day by day.

Mr Umar said his ruling was in compliance with the provisions of
the ACJA and the practice direction of the tribunal, paragraph
5.
Mr Onnoghen is facing trial for alleged false declaration of
asset.

He was controversially suspended on January 25 by President
Muhammadu Buhari and replaced by the current acting CJN, Muhammad
Tanko.