Industrial Court dismisses suit challenging Onnoghen’s trial by CCT

The National Industrial Court, Abuja, has dismissed the suit
opposing the trial of former Chief Justice of Nigeria, Justice
Walter Onnoghen, before the Code of Conduct Tribunal.

Peter Abang, the claimant who is also a lawyer, had instituted
the suit challenging the jurisdiction of the CCT in prosecuting
Onnoghen.

At the resumed sitting of the suit on Tuesday, slated for
hearing of pending applications, the counsel to the claimant, Mr.
Kingsley Ewurum, informed the court that he had filed notice of
discontinuance of the suit.

He said the application was seeking an order of the court to
discontinue the matter, therefore urging the court to strike out
the suit with regard to the circumstance that events had overtaken
the matter.

Ewurum further said proceeding with the matter would be mere
academic exercise.

When counsel to the first defendant, Mr. Abdullahi Abubakar, was
asked if he had objection to the application, he said he had no
objection, but he urged the court to dismiss the suit as against
the proposed striking out of the suit.

Abubakar gave his reason that the defendants had joined issues
with the claimant.

He also urged the court to award substantial cost because they
had filed their defence.

The claimant’s counsel, in response, argued that issues had not
been joined and he further stated that the rules of the court
allowed parties at any time or stage of proceedings to discontinue
with their case.

The judge, Justice Sanusi Kado, in his ruling, said, “In the
case at hand, having regards to the processes filed so far, it is
clear that the claimant has joined issues with the first
defendant.”

Kado added that in line with Order 61, Rule 7 of the NICN
proceeding of 2017, that the parties had joined issues.

He concluded by saying, “In the circumstance, this suit is
hereby dismissed. I make no order as to cost.”

The News Agency of Nigeria reports that Onnoghen, having stood
trial at the Code of Conduct Tribunal, the action nullified the
suit instituted to challenge the jurisdiction of the Tribunal.

Joined as co-defendants in the suit were Code of Court Bureau,
CCT Chairman, Danladi Umar, Office of the Attorney-General of the
Federation and the National Judicial Council.

Others are the Federal Judicial Service Commission, the
Inspector-General of Police and the Senate President, Bukola
Saraki.

NAN reports that on April 18, the CCT convicted Onnoghen, 68,
and ordered his immediate removal from office as the CJN.

The Tribunal also stripped him of all offices earlier occupied,
such as the Chairman of the National Judicial Council and also the
chairmanship of the Federal Judicial Service Commission.

The tribunal also ordered the forfeiture of the five accounts
which defendant failed to declare as part of his assets.

The tribunal also ordered the forfeiture of the money in the
five accounts, which Onnoghen failed to declare to the Federal
Government.

Three punishments were imposed on him as the sentence for his
offences as charged.

Although Onnoghen had been on suspension since January 25, 2019
and had reportedly resigned on April 4, the tribunal ordered his
removal from office as the Chief Justice of Nigeria and also as the
chairman of both the National Judicial Council and the Federal
Judicial Service Commission.

Onnoghen was convicted on the six counts preferred against
him.

Specifically, the Federal Government, acting through the Code of
Conduct Bureau, had, in the charges filed on January 11, accused
Onnoghen in the first count of failure to declare his assets to the
bureau between June 2005 and December 14, 2016.

(NAN)

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