CJN Onnoghen’s trial: The Code of Conduct Tribunal adjourns
Onnoghen’s case involving the charges of non-declaration of assets preferred
against the Chief Justice of Nigeria till January 22.
The tribunal adjourned the
case after the lead prosecuting counsel, Mr. Aliyu Umar (SAN), conceded that
Onnoghen was improperly served with the charges and the summons.
Umar conceded that the CJN
was not personally served with the charges and the court’s summons, as required
by the law.
He, therefore, requested
the three-man tribunal led by Danladi Umar to direct a fresh service on the
CJN.
Upon an inquiry by the
tribunal chairman about Onnoghen’s absence from court, the defence team led by
Chief Wole Olanipekun (SAN), said the CJN needed not to be present, having
filed a motion to challenge the tribunal’s jurisdiction.
Olanipekun said he and
other defence lawyers only appeared in court in protest against the
jurisdiction of the tribunal.
He also said that, from the
account given by the court official earlier in the proceedings, the CJN was not
served with the charges and and summons personally, but through his aide.
Olanipekun insisted that the
law requires that the defendant be served personally.
But the prosecuting lawyer
said the law only requires the defendant to be aware of the pending charges,
and that it was the CJN’s choice to ask his aide to receive the charges and
summons on his behalf.
But after a back-and-forth
argument that went on for about 45 minutes, the prosecuting counsel conceded
that the service of the charges and the summons ought to have been personally
served on Onnoghen.
“By what the registrar has
said, although the defendant was the one who directed his personal assistant to
accept service on his behalf and what the law says is that he must be
personally served.
“We agree that the service
should be properly done. The processes should be served personally on him.
“If, after the service is
done, and the defendant is not present, we can then argue whether or not he
needs to be present on the grounds that he has filed a motion challenging the
jurisdiction of the court.”
No comments:
Post a Comment