The Code of Conduct Tribunal, CCT, on Tuesday said the Federal High Court, Abuja, and National Industrial Court of Nigeria cannot stop its trial of the Chief Justice of Nigeria, Walter Onnoghen.
Onnoghen is facing trial for alleged false declaration of assets.
Recall that both the Federal High Court, Abuja, and National Industrial Court of Nigeria have in separate cases restrained the CCT from trying the CJN.
At the resumed trial of the CJN on Tuesday, the CCT held that the courts were of coordinate jurisdiction with the tribunal and so lacked powers to direct or supervise its proceedings.
The Chairman the tribunal Danladi Umar, therefore rejected a motion by Onnoghen asking it to adjourn indefinitely based on the orders of the High Court and the Industrial Court that the parties must maintain the status quo.
The ruling was a split decision of two to one. While Justice William Atedze gave the dissenting judgement, Justice Julie Anabor concurred with the tribunal chairman.
Justice Umar rejected the submission by the Defence Counsel led by Chief Wole Olanipekun (SAN) that the tribunal should adjourn indefinitely based on the orders of the Federal High Court, Abuja, and the NICN which ordered the parties to maintain the status quo pending hearing and determination of the motion on notice.
Furthermore, he argued that the tribunal should adjourn because the matter was already before the Court of Appeal, Abuja.
Noting that the Court of Appeal had not issued any order, the CCT chairman aligned with the complainant’s counsel, Aliyu Umar (SAN), that the judgement cited were from courts of equal status with the tribunal as court of superior record.
Justice Umar said, “This is because the tribunal is established by the constitution under the third schedule to adjudicate on matters of asset declaration.
“Therefore any order from any court directing it not to carry out its duty is in crystal violation of the constitution.”
Justice Umar said an appeal from the tribunal could only go to the Court of Appeal.
The tribunal adjourned sitting till January 28 for hearing of Onnoghen’s preliminary objection where he is challenging the jurisdiction of the court.
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Meanwhile, the CJN was absent from the hearing.
As the court proceedings were going on, a group which identified itself as National Interest Defenders and Lawyers in Defence of Democracy, stormed the premises of the tribunal to protest against the CJN’s trial.
Spokesman for the group, Ikenga Ugochinyere, advised President Muhammadu Buhari against removing the CJN, saying that could cause tension in the country.
“The President wants to install a pliable Justice to help the APC get favourable judgements from the Supreme Court in the Rivers and Zamfara APC crisis, in the presidential election and in the states where they are afraid they will lose elections. The states include Akwa Ibom, Delta, Lagos, Benue, Imo, Kwara, Plateau, Kaduna, Abia and Sokoto,” he claimed.
The protesters carried placards with inscriptions such as, “Buhari wants judges to join APC,” “APC wants to destroy our Supreme Court,” and “Nobody can force Onnoghen out.”
