The Court of Appeal, Abuja Division has struck out an appeal by the former Chief Justice of Nigeria, CJN, Justice Walter Onnoghen, challenging an ex parte order of the Code of Conduct Tribunal of January 23, 2019, on the strength of which President Muhammadu Buhari suspended him from office pending his trial before the tribunal.
Recall that Buhari had suspended Onnoghen from office on January 25.
The three-man bench led by Justice Stephen Adah in a unanimous judgment on Friday struck out the appeal on the grounds that the substantive matter had been concluded by the CCT.
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Recall that Onnoghen had been tried by the tribunal on a six count charge bothering on false and non-declaration of assets and found guilty.
The Court of Appeal however ruled that the CCT’s ex parte order breached Onnoghen’s right to fairing hearing.
Reading the lead judgment, Justice Adah noted that the court proceedings should not to be conducted “in a shady or clandestine manoeuvre” as the ex parte order was obtained by the prosecution.
