TheNewsGuru

Tag: Onnoghen

  • BREAKING: NJC constitutes committee to review Onnoghen, Acting CJN Muhammad’s response to petitions

    …Issues fresh query on Onnoghen

    …to decide suspended CJN, Acting CJN’s fate on Wednesday

    The National Judicial Council (NJC) has set up a preliminary complaints assessment committee to review the responses given to it by the suspended Chief Justice of Nigeria, Walter Onnoghen, and the Supreme Court Justice Ibrahim Muhammad who is acting in his stead.

    Onnoghen is accused of failing to fully declare his assets, while Mr Muhammad is facing allegations of misconduct in allowing himself to be sworn in as a replacement for Mr Onnoghen, whose suspension by President Buhari critics say violated the constitution.

    Both men are being investigated by the NJC as required by the law.

    The council sat on Monday and was expected to give its verdict after hearing the responses of the two accused judges. Both had been given seven days to respond to the allegations against them.

    A spokesperson for the NJC, Soji Oye, said in a statement Monday that the NJC reconvened and resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017.

    The committee is to report its finding to the council on February 13 when it will reconvene.

    “Council also received a new petition written by the Economic and Financial Crimes Commission (EFCC) against Hon. Mr. Justice W.S.N. Onnoghen, GCON and forwarded it to him for his response within seven (7) working days,” Oje said.

    “Council reaffirmed its confidence in Hon. Mr. Justice Umaru Abdullahi, CON and continues under his Interim Chairmanship.”

    Petitions

    The petition against Mr Onnoghen was written by members of a group, Resource Centre For Civil Education, while the allegation against Mr Muhammad was written by a former Nigerian Bar Association, Olisa Agbakoba, and another group, Centre for Justice and Peace Initiative.

    Onnoghen was suspended on January 25, 11 days after his trial on alleged false asset charge began at the Code of Conduct Tribunal on January 14.

    If both officers are found liable by the council after today’s meeting, the consequence may include the appointment of a new CJN for the country.

  • Onnoghen: Agbakoba sues AGF, NJC, seeks declaratory reliefs

    Onnoghen: Agbakoba sues AGF, NJC, seeks declaratory reliefs

    A former president of the Nigerian Bar Association (NBA) Mr Olisa Agbakoba (SAN) has approached a Federal High Court in Lagos, challenging the suspension of Justice Walter Onnoghen as Chief Justice of Nigeria (CJN).

    In the suit, Agbakoba joined the Attorney General of the Federation (AGF) and the National Judicial Council (NJC) as first and second defendants.

    His application is brought pursuant to Order 3 rule 9 of the Federal High Court Civil Procedure Rules 2009.

    The plaintiff wants the court to decide, whether by the combined interpretation of Section 153 (1)(i) and Section 292 (1) (a) (i) of the Constitution, Justice Onnoghen can be suspended from office without the recommendation of the NJC or the President acting on an address supported by two third majority of the Senate.

    Agbakoba seeks from the court: “A Declaration that by the combined interpretation of the above Sections of the Constitution as (amended) Justice Onnoghen cannot be suspended or removed from office except on the recommendation of the NJC or the President acting on an address supported by two thirds majority of the Senate.”

    He also seeks further order or orders as the Court may deem fit to make in the circumstances.

    No date has been fixed for hearing of the suit.

  • Trial: Suspended CJN Onnoghen must appear in person for defence, CCT insists

    The chairman of the Code of Conduct Tribunal, Danladi Umar on Monday insisted that the suspended Chief Justice of Nigeria (CJN) Walter Onnoghen must appear in person before the tribunal before further businesses could be conducted in the case pending against him.

    Umar gave the directive at the resumption of proceedings in the case involving the CJN, shortly before agreeing to the request by parties for adjournment till February 13.

    He said: “Under the Administration of Criminal Justice Act (ACJA), a defendant, who is served with a charge and represented by lawyers, must take his plea before raising any objection.

    “The defendant has continued to stay away from this tribunal. I am going to grant this adjournment at the instance of the prosecution and defence, but must state that the defendant must attend court at the next adjourned date so that all the issues would be resolved in his presence.”

    The CJN is accused of violating the code of conduct for public officers by allegedly failing to declare some of his assets.

    At the commencement of yesterday’s proceedings, an official of the tribunal noted that the defendant was absent.

    Lead prosecuting lawyer Aliyu Umar (SAN) said the case was adjourned till February 4 for the arraignment of the defendant and the hearing of pending applications.

    But the lead defence lawyer, Adegboyega Awomolo (SAN), said he had a discussion with the prosecutor to allow his application for adjournment in view of some recent developments in the case.

    Awomolo said: “We filed a process this morning, indicating that the Minister of Justice & Attorney-General of the Federation (AGF) forwarded a petition to the National Judicial Council (NJC). It is the same petition that was forwarded to the Code of Conduct Bureau (CCB) that founded the complaint before this tribunal.”

    He added that the NJC has, in the exercise of its powers, forwarded the petition to the suspended CJN for his comment within seven days.

    The senior advocate noted that the seven days given Justice Onnoghen to respond to the petition will lapse tomorrow.

    Awomolo expressed optimism that the NJC will meet shortly after receiving Justice Onnoghen’s response and take a position on the issue.

    He added: ”Our application is that the proceedings be further adjourned to prevent the defendant from suffering double jeopardy. Parties are ready to argue the pending applications, but in the interest of justice and due process, we seek an adjournment to enable the NJC take a decision.

    “No harm will be done to the res (subject). The integrity of this tribunal will be enhanced if this application is granted and the NJC will be afforded time to take a decision in this matter.”

    Umar admitted engaging in discussion with Awomolo before the tribunal commenced sitting.

    The CCT chair said he was not opposing an application for adjournment, but that his decision to agree to the request for adjournment was not because the AGF forwarded the petition to the NJC.

    The prosecution lawyer hinted about the possibility of the charge being withdrawn by the AGF, in the exercise of his power. He said it was within the discretion and power of the AGF to discontinue the proceedings.

    Umar noted that the defendant was not in court. He said: “If, on the next adjourned date the defendant is not here, I may be compelled to exercise the power conferred on me by making the necessary application.”

    At the conclusion of Umar’s submission, Awomolo stood up to further address the tribunal. He barely spoke when Umar interjected and said the tribunal was not ready to further entertain any submission, but that it will proceed to hear pending applications.

    The CCT chair said by his conduct, Awomolo was encouraging delay in court proceedings, an observation the lead defence lawyer objected to.

    Awomolo said the tribunal chairman was not fair to him by accusing him of encouraging delay. Awomolo was yet to conclude his statement when Umar asked him to sit down.

    Again, Awomolo said it was wrong for the tribunal’s chairman to address him that way, arguing that the practice was the exchange of mutual respect between the Bench and the Bar.

    Awomolo said he had been at the Bar for about 42 years. He added: “I respect you as the chairman of the tribunal; you have to respect me too. You cannot order me to sit down.”

    The tribunal’s chairman ignored his protest and maintained his position that pending applications be heard.

    Umar said: “Whether you take exception or not, the fact remains that you must move your application. Do you think we are here to play? We mean business here.”

    The pronouncement by the tribunal chairman angered Awomolo, who noted that it was wrong for the tribunal to seek to compel parties to proceed with their case even when they have agreed to an adjournment.

    At that point, temper rose, as the tribunal’s chairman and Awomolo stuck to their positions. The prosecuting lawyer intervened to prevent a further degeneration of the situation.

    Umar (the prosecuting lawyer) stood up and sought a brief stand down for tempers to simmer, a request the tribunal acceded to.

    At the resumption of proceedings about 30 minutes later, Awomolo apologised to the tribunal for the rise in temper and the altercation experienced earlier.

    The lead prosecuting lawyer (Umar) also apologised on behalf of the Bar. He said the altercation was unnecessary.

    The second member of the tribunal, William Agwadza Atedze, called for the understanding of all and advised that parties in the case exercise patience.

    In his intervention, the CCT chair said he was ready to grant the adjournment agreed to by both the prosecution and defence, but that the defendant must be present on the next adjourned date.

    He said: “By the provision of the Administration of Criminal Justice Act (ACJA), it was wrong for a defendant to raise an objection without first pleading to the charge.”

    The Court of Appeal in Abuja yesterday fixed February 12 for the hearing of three appeals filed by Justice Onnoghen in relation to the case before the CCT.

    The appellate court chose the date upon request by lawyers to the suspended CJN.

    The appeals are challenging the January 14 ruling of the tribunal electing to hear the applications pending before it; its ruling, refusing to be bound by the order of the Federal High Court and the National Industrial Court; and the ex-parte order on which President Muhammadu Buhari acted in suspending Justice Onnoghen.

     

  • Falana writes AGF, seeks withdrawal of case against suspended CJN Onnoghen

    A Lagos lawyer and human rights activist, Femi Falana (SAN), has urged the Federal Government to withdraw the criminal charges filed against the suspended Chief Justice of Nigeria, Walter Onnoghen.

    Falana said he made the request having confirmed that a petition had been submitted to the National Judicial Council alleging grave misconduct against Onnoghen.

    In the February 3 letter addressed to the Attorney-General of Federation and Minister of Justice, Abubakar Malami, Falana urged the minister to advise President Muhammadu Buhari to reverse the suspension because a public officer could not be removed from office on the basis of an ex parte order granted by any court or tribunal in Nigeria.

    The letter reads in part, “Since the charge of false declaration of assets was filed against the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal by the Code of Conduct Bureau, I have repeatedly requested you to use your good offices to discontinue the case. My request was anchored on the case of Elelu-Habeeb vs the Attorney-General of the Federation & Ors (2012) 40 WRN 1 where the Supreme Court held that by virtue of Section 292 of the Constitution of Nigeria, the head of any of the judicial arm of state and Federal Governments cannot be removed from office without a prior investigation conducted by the National Judicial Council.

    “Having confirmed that you have since submitted a petition to the National Judicial Council alleging grave misconduct against the chief justice, I am compelled to request you, once again, to file a nolle prosequi to discontinue the charge pending against his Lordship at the Code of Conduct Tribunal without any further delay.

    “The charge should not be allowed to hang like a Sword of Damocles on the head of the Chief Justice while he is being investigated by the National Judicial Council. In view of your implicit confidence in the ability of members of the National Judicial Council to resolve the matter, you ought to accede to the request to terminate the proceedings at the Code of Conduct Tribunal forthwith.”

    Falana posited that the withdrawal of the case from the Code of Conduct Tribunal would lead to the immediate vacation of the ex parte order relied upon by the President to justify the illegal suspension of Onnoghen and the appointment of Justice Tanko Mohammad as Acting Chief Justice of Nigeria.

    He said, “Even though by virtue of Paragraph 10 (2) (a) of Part 1 of the Fifth Schedule to the 1999 Constitution (as amended), the Code of Conduct Tribunal is empowered to order any public officer to vacate office, the power cannot be exercised until such a public officer has been tried and convicted for breaching the provisions of the code of conduct for pubic officers.

    “But as a public officer cannot be removed from office on the basis of an ex parte order granted by any court or tribunal in Nigeria, we urge you to advise President Buhari to reverse the suspension of the Chief Justice.

    “Once the suspension is reversed, Justice Walter Onnoghen will then be prevailed upon to resign as the Chief Justice having lost the moral authority to preside over the affairs of the juridical organ of the government of the Federation.”

    He added, “However, if his Lordship does not call it quits or if the National Judicial Council does not recommend his removal from office, you may wish to exercise your powers under Section 174 of the Constitution to prosecute him for failure to declare his assets which is a punishable offence under the Code of Conduct Bureau and Tribunal Act.”

  • Alleged false asset declaration: CCT serves Onnoghen trial notice

    The Code of Conduct Tribunal (CCT), Friday served the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, a trial notice ahead of his arraignment on Monday.

    In addition, the Federal Government has filed a motion seeking an interlocutory order to give legal backing to the January 25,2019 suspension of Onnoghen pending the determination of his case at the CCT.

    It was gathered Friday that the earlier ex parte order cited by President Muhammadu Buhari in suspending Onnoghen ought not to last more than two weeks.

    Confusion is also brewing over a petition sent to the National Judicial Council (NJC), by a Senior Advocate of Nigeria, Mr. Olisa Agbakoba, against the CCT Chairman, Mr. Danladi Umar.

    The petition has been referred to the Federal Judicial Service Commission (FJSC).

    It was gathered that Umar, at his inauguration, only took the oath of office for public officers and not the one for judicial officers.

    This, some people say, means he is not a judicial officer per se but a public officer and thus cannot be disciplined by the FJSC.

    However, Onnoghen backers think otherwise.

    They insist that the FJSC can exercise disciplinary control on the CCT chairman by applying the provisions of paragraph 13 part 1 of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria.

    The FJSC was yet to act on Agbakoba’s petition against the chairman of CCT at press time.

    Sources said yesterday that the CCT had served hearing notice on Onnoghen and expects the suspended CJN to be personally present at Monday’s sitting.

    The notice followed Wednesday’s decision of the Court of Appeal that the proceedings of the tribunal cannot be stayed.

    The three-man panel said the Supreme Court had, in its a ruling on Saraki v the Federal Republic of Nigeria, declared that the CCT is a “peculiar tribunal with quasi-criminal jurisdiction of which proceedings cannot be stayed.”

    Although the CCT on Wednesday said it would communicate a new trial date to all the parties before it, our correspondent exclusively gathered that Onnoghen has been notified of his trial on Monday.

    It was also learnt that the tribunal has decided to sit daily to ensure a speedy trial of the case.

    A source familiar with the development said: “The CCT notified the CJN through his counsel, Chief Wole Olanipekun(SAN) and Mr. Kanu Agabi (SAN) as mutually agreed with the tribunal.

    “At the previous sitting of the tribunal, the counsel asked the court to always relate with them on any communication or notice for the CJN. They are on record on this request which was granted.

    “Once the trial begins on Monday, the CCT will sit every day to enable all the parties make their submissions. There are two applications pending before the tribunal including the defendant’s challenge of the jurisdiction of the court and a motion for an interlocutory order.

    “With the ruling of the Court of Appeal, the jurisdiction is already resolved in favour of the tribunal. But the prosecution will have to argue its motion on interlocutory injunction to allow the CJN to remain on suspension till the determination of the case.

    “The truth is that the ex parte order, which President Muhammadu Buhari relied upon to suspend Onnoghen, has a lifespan of two weeks. This is why the government is seeking an interlocutory injunction for the CJN to be on suspension while his trial lasted.

    “The tribunal will listen to all parties and deliver a ruling on the interlocutory application. If it issues the order, Onnoghen will be on suspension but if otherwise, the government has no choice than to reinstate the CJN in compliance with the order of the CCT.”

    Meanwhile, the former president of the NBA, Agbakoba in his petition against the CCT chairman gave reasons why he should not preside over the trial of the CJN.

    Investigation revealed that the NJC has referred the petition to FJSC.

    A highly-placed source said: “Some issues have arisen over the petition sent to FJSC because the CCT chairman is not a judicial officer per se. He is not on the judiciary payroll and he reports to the presidency.

    “When sworn in, the CCT chairman only took the Oath of Allegiance and Oath of Office meant for public officers. The Judicial Oath was not administered on him.

    “The CCT chairman does not collect judicial remunerations and allowances.

    “I think the framers of the constitution anticipated this kind of situation and they left CCT on its own without any influence either from the Executive or the Judiciary.

    “If the CCT chairman had been a judicial officer, he would not be in a position to try the CJN who will be his boss.

    “Also, if you look at the Judicial Oath in the Seventh Schedule to 1999 Constitution, only the CCT chairman was left out of the list of those who should take it.

    The Judicial Oath reads: “I, …… do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/President/Justice of the Court of Appeal/Chief Judge/Judge of the Federal High Court/Chief Judge/Judge of the High Court of the Federal Capital Territory, Abuja/Chief Judge of …… State/Judge of the High Court of …… State/Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of …. State/President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/President/Judge of the Customary Court of Appeal of ……… State. I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.”? But a Senior Advocate of Nigeria, who spoke in confidence, said the FJSC can exercise disciplinary control on the CCT chairman.

    The SAN said: “I think the NJC was right in referring Agbakoba’s petition against Danladi Umar to the FJSC. The CCT chairman is no an island unto himself.

    “If you look at paragraph 13 part 1 of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, FJSC is empowered to discipline the CCT chairman.

    The section says: “The Federal Judicial Service Commission has power to: (a). Advise the National Judicial Council in nominating persons for appointments to the office of :

    • The Chief Justice of Nigeria,
    • A Justice of the Supreme Court,
    • The President of the Court of Appeal,

    A Justice of the Court of Appeal,

    The Chief Judge of the Federal High Court,

    A Judge of the Federal High Court,

    The President of the National Industrial Court;

    A judge of the National Industrial Court; and

    the Chairman and Members of the Code of Conduct Tribunal,

    b). Recommend to the National Judicial Council the removal of any of the Judicial Officers mentioned in sub-paragraph (a) above

    c). Appoint, dismiss and exercise disciplinary control over the Chief Registrars and Deputy Chief Registrars of the Supreme Court, the Court of Appeal, the Federal High Court, the National Industrial Court and all other members of the staff of the Judicial Service of the Federation not otherwise specified in this Constitution and of the Federal Judicial Service Commission.”

    As at press time, the FJSC was yet to serve the CCT chairman any copy of the petition by Agbakoba.

    Another source said: “I think the FJSC is also weighing options on the petition and issues around the trial of the CJN and the status of the CCT chairman.

    “If you look at the composition of the NJC, the CJN is the chairman. Both Onnoghen and the Acting CJN, Justice Ibrahim Tanko Muhammad who should preside over FJSC have been queried by the National Judicial Council (NJC).

    “Also, the Attorney-General of the Federation, Mr. Abubakar Malami(SAN), who is a member of the FJSC, is in charge of the OAGF prosecuting CJN Onnoghen.

    “The case at hand is jut interwoven. The more issues crop up, the more complex we dip into crisis in the Judiciary.”

    Paragraph 12, part 1 of the Third Schedule to the 1999 constitution of the Federal Republic of Nigeria, as amended, stipulates the composition of Federal Judicial Service Commission as follows:

    The Federal Judicial Service Commission shall comprise the following members:

    1.The Chief Justice of Nigeria, who shall be the Chairman;

    1. The President of the Court of Appeal;
    2. The Attorney-General of the Federation;
    3. The Chief Judge of the Federal High Court;
    4. The President of the National Industrial Court;
    5. Two persons, each of whom has been qualified to practice as a Legal Practitioners in Nigeria for a period of not less than fifteen years, from a list of not less than four persons so qualified and recommended by the Nigerian Bar Association; and
    6. Two other persons, not being Legal Practitioners, who in the opinion of the President are of unquestionable integrity.

     

  • CCT Trial: El-Rufai knocks Onnoghen, says even Dangote can’t forget $1m in account

    …Insists CJN must go

    Governor Nasir El-Rufai of Kaduna State on Friday dismissed as untenable alleged claim by the suspended Chief Justice of Nigeria (CJN),Justice Walter Onnoghen that he (Onnoghen) forgot to declare $3million dollars in his accounts.

    El-Rufai said in Kaduna that even Alhaji Alio Dangote with all his wealth cannot forget $1million in an account.

    The governor spoke while receiving a solidarity letter from members of Coalition of Civil Society Organizations who took to the streets of Kaduna to express support for the action taken by President Muhammadu Buhari against the suspended CJN.

    He said: “the case with Justice Onnoghen is a very sad one. Othman Dan Fodio, the founder of the Sokoto caliphate wrote that the worst form of corruption you can find in any public service is judicial corruption. This is because when the president is corrupt or the governor is corrupt, it is to the judge that ordinary people can take their case to.

    “The president did the right thing by asking him to step aside pending investigation. It is the proper thing to do. It is what is done in every organized and civilized society.

    “Unfortunately, some people in Nigeria are trying to make white black and black, white. They are using technicalities to delay bringing this man to justice.

    “Mr. President did not remove Onnoghen from office. He said in honour of the judiciary, he should step aside so that the charges against him can be investigated and prosecuted.

    “But the man does not want to go.It is time for Nigerians to come all out and tell him he must go. Our judiciary must be clean. Our judiciary must consist of judges who cannot be bought.

    “The case of Justice Onnoghen is the case in which somebody who has worked in government for the past 20 years suddenly has millions of dollars in his account, he has admitted but says he has forgotten about it.

    “I do not think Dangote will forget $1 Million in his account.”

    Leaders of the civil society organisations, Comrade Zubairu Muktar and Arc Abubakar R Abubakar hailed Buhari for taking steps to restore the lost glory of Nigeria’s judiciary .

    They pledged the coalition’s continued support for government to “purge out corruption embedded in the Nigerian system which has become a hindrance to the economic, political and social development of our dear nation.”

  • Alleged false asset declaration: CCT resumes Onnoghen’s trial February 4

    The Code of Conduct Tribunal has fixed February 4 for the resumption of hearing in the charges filed against the suspended Chief Justice of Nigeria, Walter Onnoghen.

    The Heads, (Press & Public Relations) Ibraheem Al-Hassan, disclosed this in a press release on Thursday.

    Onnoghen is facing six counts of false assets declaration filed against him by the Code of Conduct Bureau.

    The tribunal had earlier adjourned sitting in the matter following an interim order of the Court of Appeal which ordered it to stay proceedings.

    But the Court of Appeal on Wednesday reversed the interim order by refusing to grant the interlocutory injunction sought by Onnoghen.

    The court said section 306 of the Administration of Criminal Justice Act has barred the court from stopping a criminal matter.

    The release said the tribunal fixed the new date after receiving a letter from the CCB.

    “The decision was reached today sequel to a correspondent from Code of Conduct Bureau, applying for the resumption of trial of the case captioned; Application for resumption of trial of the case of FRN V. Hon. Justice Onnoghen Nkanu Walter Samuel case No: CCT/ABJ/01/19, addressed to Hon. Chairman Code of Conduct Tribunal, dated 30th January, 2019, jointly signed by Musa Ibrahim Usman (Esq) and Fatima Danjuma Ali (Esq).

    “The request reads in part; ‘The above subject refers. This case came up for hearing of preliminary objection to the jurisdiction of the Tribunal on the 28th of January, 2019 but the Tribunal could not proceed due to the pendency of the case at the Court of Appeal.

    “However, in the wake of this afternoon, 30th January, 2019 the Court of Appeal has thrown out the appeal.

    “Consequently on the above, we urge the Honourable Tribunal to give us a date for resumption of the trial subject to the convenience of the Tribunal, Most obliged my Lord.”

  • BREAKING: Appeal Court rejects Onnoghen’s request to stop trial at CCT

    The Court of Appeal has dismissed a request brought by suspended Chief Justice of Nigeria, Walter Onnoghen, for a stay of proceedings in his trial at the Code of Conduct Tribunal.

    The court in a ruling on Wednesday said the request brought by Onnoghen “was brought in a vacuum,” without a proper backing of legal provisions why it should have been granted.

    According to the appellate court, Onnoghen’s lawyers had argued that their application was brought because the tribunal, on January 14 refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.

    The court, however, read through the words used during the January 14 adjournment of the tribunal wherein the CCT slated January 22 for hearing of motions in the matter.

    “Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki while reading through the tribunal’s ruling on January 14.

    “The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.

    According to the appellate court, the words used by the tribunal did not suggest the submissions made by the applicant. The court questioned the likelihood of its jurisdiction to grant such order as requested, given the evidence before it.

    “A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” said Mr Aboki who read the ruling with two other judges.

    “Order for stay cannot be made in vacuum. It is a matter of law and fact,” the court ruled.

    The court therefore decided that the application for stay of proceedings will not be granted and subsequently refused it.

    The ruling implies that the CCT can now proceed with the trial of the chief justice for alleged false asset declaration. The CCT had postponed the trial based on last week’s directive of the appeal court.

    Details later…

     

  • NJC orders Onnoghen, Acting CJN Mohammad to respond to petitions in seven days

    The National Judicial Council (NJC) on Tuesday gave the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, and the acing CJN, Tanko Mohammad, seven days to respond to petitions written against them.

    The body of Nigerian judges gave the ultimatum during an emergency meeting which took place in Abuja, Nigeria’s capital, four days after the suspension of Onnoghen by President Muhammadu Buhari.

    Recall that President Buhari last week Friday suspended the CJN on alleged order of the Code of Conduct Tribunal (CCT) based on allegations that he violated the code of conduct for public officers by not declaring his assets as required by law.

    Justice Muhammad was sworn in on Friday as acting Chief Justice of Nigeria.

    Read communique from the meeting as released by the council’s director of information, Soji Oye (Esq) below:

    NJC ends Emergency Meeting

    …Gives Hon. Mr. Justice W.S.N. Onnoghen, GCON and Hon. Mr. Justice I.T. Muhammad, CFR seven (7) working days to respond to petitions.
    …Refers petition against CCT Chairman, Danladi Yakubu Umar to the Federal Judicial Service Commission (FJSC).
    …To reconvene on 11th February, 2019.

    The National Judicial Council held an Emergency Meeting today and considered four (4) petitions filed at its Secretariat. The petitions are:
    Petition against Hon. Mr. Justice W.S.N. Onnoghen, GCON by Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education;
    Petition against Hon. Mr. Justice Ibrahim Tanko Muhammad, CFR by Centre for Justice and Peace Initiative;
    Petition against Hon. Mr. Justice Ibrahim Tanko Muhammad, CFR by Olisa Agbakoba, SAN, OON; and
    Petition against Hon. Danladi Yakubu Umar, Chairman, Code of Conduct Tribunal by Centre for Justice and Peace Initiative.
    Council referred the petition against Hon. Danladi Yakubu Umar to the Federal Judicial Service Commission (FJSC) which is the appropriate constitutional body empowered to deal with it.
    In line with its procedure, Council also forwarded the petitions against Hon. Justices W.S.N. Onnoghen, GCON and I. T. Muhammad, CFR to them for their responses.
    In view of the gravity of the matters involved, Council abridged the usual response period from fourteen (14) to seven (7) working days for the Hon. Justices to respond.
    Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I.T. Muhammad, CFR recused themselves from the meeting. Consequently, Council elected Hon. Mr. Justice Umaru Abdullahi, CON, former President of the Court of Appeal as Interim Chairman to preside over the meeting.
    Council will reconvene on the 11th February, 2019.

     

  • Onnoghen’s suspension: NJC begins emergency meeting

    The National Judicial Council (NJC) has commenced its emergency meeting in Abuja, over the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by President Muhammadu Buhari.

    The NJC, based on the Nigerian Constitution, is responsible for the Appointment, Promotion and Discipline of Judicial Officers.

    The meeting is convened as part of the moves to discuss Onnoghen’s suspension, which has become a subject of controversy and to resolve the legal logjam arising from the suspension.

    The suspended CJN is facing charges of false assets declaration at the Code of Conduct Tribunal.

    As at the time of filing this report, the embattled Justice Onnoghen nor the acting CJN, Justice Ibrahim Mohammed, is expected to preside over the meeting.

    In the absence of both Onnoghen and Muhammad, the council is expected to elect a chairman pro tempore to preside over the meeting.

    ode Rhodes-Vivour, who is currently the third most senior justice at the supreme court, is not a member of NJC but was invited by the secretary, Ahmad Gambo Saleh.

    Rhodes-Vivour was immediately ushered out politely when he entered the conference room.

    The suspension of Justice Onnoghen has triggered criticisms from various quarters, including the international community.

    Concerns have been raised about the implication of the President’s action, especially coming close to the general elections.