Appeal Court to hear CJN’s appeal Thursday

The Court of Appeal in Abuja yesterday fixed Thursday for hearing in the appeal filed by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, against his planned trial before the Code of Conduct Tribunal (CCT).

A three-man panel of the Appellate Court, led by Justice Abdu Aboki, after hearing preliminary submissions from lawyer to the CJN, Adegboyega Awomolo (SAN) and Emmanuel Omonuwa, Director Civil Litigation, Federal Ministry of Justice (for the respondent – the Federal Republic of Nigeria), adjourned to Thursday.

The court adjourned principally for the hearing of a motion on notice, filed by the CJN, for an injunction restraining the CCT from conducting further proceedings in respect of the charge against him pending the determination of the appeal.

The CJN’s appeal, which has the Federal Republic of Nigeria as the sold respondent, is challenging the order made by the CCT on January 14, this year, for the hearing of two pending applications.

One of the applications filed by the prosecution is seeking to compel the CJN to vacate office pending the conclusion of his trial. The other application, which the CCT planned to hear today, is filed by the CJN. It is challenging the tribunal’s jurisdiction.

When the appeal was mentioned yesterday afternoon, Awomolo identified the various sets of documents filed on January 18, this year, by the appellant, including a motion ex-parte, motion on notice for injunction and a notice of appeal.

Awomolo, who led a number of senior lawyers, including Sebatine Hon (SAN) and Mahmoud Magaji (SAN) for the appellant, said the respondent was served on January 18.

He said since the respondent was represented in court, the judges could do away with the hearing of the motion ex-parte and proceed to hear the motion on notice.

Responding, Omonuwa sought a short adjournment to enable him respond to the motion on notice. He said he needed three days to file a counter affidavit.

When asked to respond, Awomolo said it was within the right of the respondent to be allowed to respond to a motion served on him.

Awomolo said he was not objecting to Omonuwa’s request for adjournment.

He, however, prayed the court to order parties to maintain status quo and refrain from taken steps, in respect of the charge before the CCT, pending the next date, a request Omonuwa objected to.

Omonuwa said there were already three subsisting restraining orders made by three High Court, restraining the CCT from proceeding with the hearing of the charge against the CJN.

He said: “When I was going through the processes served on us, I noticed that three courts have granted orders restraining proceedings before the CCT.

“A Federal High Court in Abuja made a restraining order on January 14; the National Industrial Court of Nigeria in Abuja made similar order the same day. And on January 15, a High Court of the Federal Capital Territory made similar order.

“All the three orders are subsisting. None has been set aside. In view of these three pending orders, there may not be need for additional order by this court,” Omonuwa said.

Ruling, Justice Aboki noted that the appellant’s application before the court was a motion on notice, seeking stay of further proceedings in the charge before CCT pending the determination of the appeal.

He said “no form of order shall be made”, and adjourned the hearing of the motion on notice to January 24.

Meanwhile, proceedings are expected to resume today before the CCT in respect of the non-assets disclosure charge filed against the CJN by the Federal Government through the Code of Conduct Bureau (CCB).

Chairman of the tribunal, Danladi Umar had, on January 14, this year, adjourned to January 22 for the hearing of pending motions.

On Monday, the CJN was seen going about his normal court duties unruffled when The Nation visited the Supreme Court.

Justice Onnoghen, who led a five-man panel of the apex court, conducted proceedings in many cases from 9am when the court sat, up until 1.30pm when the court rose for the reconstitution of its panel.

When the court later resumed around 2pm, the CJN was no longer part of the panel. The new panel was head by Justice Musa Dattijo Muhammed.

One of the cases heard by the panel led by the CJN was an interlocutory appeal filed by former Deputy Speaker, House of Representatives Emeka Ihedioha.

Also yesterday, the National Industrial Court of Nigeria (NICN) in Abuja restated its earlier order restraining the Attorney General of the Federation (AGF) and some others from forcing the CJN to vacate office in view of the allegation of non-disclosure of assets made against him.

Also to be affected by the order are other defendants in a suit by Peter Abang. They are: The Chairman of the Code of Conduct Tribunal (CCT), the Code of Conduct Bureau (CCB), the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Inspector-General of Police (IGP) and the Senate President.

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Justice Sanusi Kado had, in an ex-parte ruling on January 14, this year, made similar order and equally halted the scheduled trial of the CJN before the CCT on charges of non-declaration of assets.

The judge restrained the defendants in the suit from attempting to force the CJN out of office pending the hearing and determination of the plaintiff’s motion for interlocutory injunction.

Justice Kado said the orders were necessary to avert a threat and constitutional breaches regarding the position of the CJN as the number one judicial officer of the country.

When the case was called yesterday, plaintiff’s lawyer, James Igwe (SAN), told the court that some of the defendants have been served, including the CCT Chairman, who was said to have directed his Secretary to accept service on his behalf.

Igwe however applied for the court’s permission to serve the CCT Chairman through substituted means, which the judge granted.

The judge reminded parties that the orders made on January 14 still subsist and adjourned to January 30 for report of service.