CCT Orders Day-To-Day Trial Of Onnoghen

The Code of Conduct Tribunal (CCT), has ordered that proceedings against ex-Chief Justice of the Federation, Justice Onnoghen to be conducted on a day-to-day basis so as to ensure speedy trial of the charges.

This is even as the CCT reserved ruling in the two applications filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, challenging the jurisdiction of the tribunal to hear his matter on non-assets declaration.

The Tribunal also reserve ruling on the motion asking for disqualification of the tribunal Chairman, Danladi Umar, from participating in the trial, citing bias.

The embattled CJN is answering an alleged six count charge of false assets declaration preferred against him by the Federal government.

At the resumption of trial, the prosecution informed the tribunal of the two applications before it, bordering on the jurisdiction of the tribunal to hear the matter dated January 14, 2019, and another application dated January 31 2019, demanding the Chairman of the tribunal to step aside in the interest of fair hearing.

Arguing the application, Counsel to Justice Onnoghen, Chief Adegboyega Awomolo SAN, submitted that the tribunal has no jurisdiction to continue with the trial.

He maintained that as a serving judicial officer, it is the National Judicial Council (NJC) that is vested with powers to entertain any misconduct against him.

The senior lawyer prayed the tribunal to grant his application and strike out or dismiss the entire charges against him for want of jurisdiction.

He premised his submission on sections 34 and 292 of the 3rd scheduled of the 1999 constitution.

According to Awomolo, the section stated that the CCT has no requisite power to deal with erring judicial officer without first resorting to the NJC, adding that the commission must first indict a judicial Officer before any Judiciary measure can be taken He said the powers of the National Judicial Council are superior to that of the Code Conduct Bureau when it comes to the issue of judicial Officer.

In the second application dated January 31, 2019 and predicated on section 36 of the 1999 constitution, Onnoghen demanded that the chairman of the tribunal recuses or disqualify himself from further participating in the trial on the grounds that of fair hearing and likelihood of bias.

The defendant stressed that the Tribunal Chairman had demonstrated sufficient bias against him in the conduct of proceedings and that it would be in the best interest of Justice for the CCT boss to step aside from the proceedings.

Specifically, the defendant argued that the CCB which recommended his trial, the Attorney General of the Federation who is prosecuting him, and the tribunal itself, are all answerable to the Executive Arm of the government.

“The tenet of fair hearing is that no one should be a judge in his own case. It is our position that the principle of natural justice, equity and good conscience requires that the defendant’s right to fair hearing deserve a thorough examination by this tribunal.

“We agree with that position In the interest of justice, we urge my lords to hold that from circumstances demonstrated in the affidavit, without freedom and impartiality of the tribunal, right of fair hearing of the defendant would be jeopardised,’’ he posited However, in his responds, counsel to the Federal government, Aliyu Umar SAN, urged the tribunal to dismiss Onnoghen’s application on the grounds that the application lacked merit.

He said there is a difference between a judicial misconduct and failure of a public Officer not complying with the provisions of the Code of Conduct Bureau.

“We submit that the defendant failed to demonstrate any bias against either the chairman or any member of the tribunal. We urge the tribunal to dismiss this application as lacking in merit”, Umar submitted.

“The powers of this tribunal is much more than that of a mere disciplinary body. It has powers under the constitution and therefore CCB &Tribunal Act.

“In the case of Ngwuta, the attention of the tribunal was not drawn to its powers under the constitution. Now that its attention has been drawn to it, the tribunal cannot with respect, proceed in the error,’’ Umar stated.

Delivering ruling in the two motions, Danladi held that rulings has been reserved and shall be delivered along with the substantive suit.

Invoking section 296(2) of the Administration of Criminal Justice Act, 2015, he held that ruling in all motions shall not be delivered until the final judgement of the main matter.

Besides, Umar ordered that proceedings against Onnoghen shall be conducted on a day-to-day so as to ensure speedy trial of the charges.

Consequently, he adjourned hearing of the matter to today, Tuesday, 12, Mach, 2015.