Court Rejects Onnoghen’s Request To Challenge His Suspension

Suspended CJN, Onnoghen Still To Face Trial Before CCT

Suspended Cheif justice of Nigeria, Walter Onnoghen has lost his bid to challenge his suspension as the court of appeal sitting in Abuja, today, dismissed his petition seeking the stay of proceedings on his ongoing trial at the Code of Conduct Tribunal (CCT).
Recall that Onnoghen had filed a suit against the President Muhammadu Buhari-led Federal Government, arguing that the CCT had no jurisdiction over his suspension.
But today, a three-man panel led by Abdul Aboki, ruled that the charges brought against Onnoghen were criminal in nature and that the proceedings before the CCT cannot be stopped.

The appellate court said going by the provisions of the criminal justice act, it lacked the power to stay proceedings in criminal cases.
“A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” Aboki said.
He, therefore, argued that enough evidence had not been given for a stay of execution and as such, “order for stay cannot be made in vacuum”.

The court subsequently adjourned till February 4 for hearing on Onnoghen’s application challenging the jurisdiction of the CCT on the case.
This means the tribunal can proceed with the CJN’s trial.
The CCT had adjourned indefinitely pending the determination of Onnoghen’s request.

It had before then granted an application filed by the federal government to allow Onnoghen to “step aside” as CJN pending the outcome of the ongoing trial.
Meanwhile Fountain Blog reports that the National Judicial Council (NJC) has given Onnoghen seven days to respond to the petition filed against him while also giving the newly installed acting CJN, Tanko Mohammed seven days to explain why he accepted the installment without proper process through the NJC