The trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, was on Monday stalled due to the absence of the defendant in court.
Onnoghen was expected to appear before the Code of Conduct Tribunal (CCT) , Abuja, to answer to alleged charges of non declaration of assets.
The tribunal following an application by the Code of Conduct Bureau had Scheduled yesterday for the arraignment of the CJN.
The Federal government is prosecuting the CJN on a six count criminal charge bordering on non-declaration of his assets.
However, when the matter was mentioned, Onnoghen was not present in court for the arraignment.
Senior Advocate of Nigeria, Wole Olanipekun, who led a team of no fewer than 44 other senior advocates and retinue of other junior lawyers, informed Chairman of the tribunal, Danladi Umar that the defendant has filed an application, challenging the jurisdiction and competence of the tribunal to entertain the suit.
Olanipekun also informed the court that the defendant was not in court because he has not been served personally with the summons of the tribunal.
Chief Olanipekun argued that it was not mandatory for the defendant to be in court, especially as he was not served with the charges personally
Olanipekun argued further that the constitution supports that until a defendant is served personally, he may decide not to be present in court for trial.
However, the prosecution counsel, Aliyu Umar (SAN), objected, arguing that before any application is taken, the defendant must be present in court.
Umar argued that service was effected on the CJN, since according to him, the registrar of the court informed him that the CJN directed his personal secretary one Sunday O. to accept service on his behalf.
But the defence counsel insisted that in a criminal charge service must be made personally on the defendant.
Umar in conceding the defectiveness of the service, urged the court to redirect service on the defendant with a directive that the service be made personally on the CJN.
Subsequently, the tribunal adjourned the matter till January 22 for the arraignment of Onnoghen and the hearing of all applications relating to the matter.
Count one of the counts in charge no. CVT/ABJ/0O19, read: That you, Justice Walter Nkanu Onnoghen CJN, GCON between June 8, 2005 to December 14, 2016 being a public officer, serving as a Judicial Officer of the Federal Republic of Nigeria as a Justice of the Supreme Court of Nigeria failed to declare and submit a written declaration of all your assets and liabilities within the prescribed period of (3) months after being sworn-in as a Justice of the Supreme Court of Nigeria on the 8 day of June, 2005 and you thereby contravened the provisions of section 15(1) of the Code of Conduct Bureau and Tribunal Act Cap 15 LFN 2004 and punishable under section 23(2) a, b and c of the same Act.
In counts 2 to 6, Onnoghen, was accused of falsely declaring his assets by omitting to declare funds in his domiciliary accounts as well as an e- saving accounts both in local and foreign currencies, all in Standard Chartered Banks, Wuse, Abuja.
Meanwhile, a Federal High Court in Abuja Monday stopped the Federal Government from arraigning Justice Onnoghen before the CCT
Rulings on two separate ex parte applications on Monday, Justice N.E Maha, ordered parties to maintain status quo till January 17.
He ruled in the two different suits that the defendants should be served with all the papers filed and they should appear in court at the next hearing.
One of the two suits marked FHC/ABJ/CS/27/2019 was filed by incorporated trustees of the Centre for Justice and Peace Initiative.
Those joined as defendants in the suit, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, the Chairman of CCT, Danladi Umar; the National Judicial Council, the Inspector-General of Police, Ibrahim Idris, and the Senate President, Dr. Bukola Saraki.
The other suit marked FHC/ABJ/CS/28/2019 was filed by the incorporated trustees of the International Association of Students Economists and Management.
The suit has as the defendants, Attorney-General of the Federation and Minister of Justice, Malami; the CCT, the CCB, the Chairman of CCT, Umar; and the Inspector-General of Police, Ibrahim Idris.
While the ex parte application in the suit FHC/ABJ/CS/27/2019 was moved by Mr. R.A Lawal-Rabana (SAN), before Justice Maha yesterday, the ex parte application filed in the suit marked FHC/ABJ/CS/28/2019, was moved by Jeph Njikonye.
But Justice Maha ordered that no steps should be taken in respect of the trial until January 17 when all parties to the two suits should return to court for the hearing of the plaintiffs’ motion on notice.
