A Court of Appeal sitting in Abuja, Nigeria’s federal capital, ruled on Wednesday that the Code of Conduct Tribunal (CCT) can try the country’s suspended Chief Justice (CJN), Walter Onnoghen.
Onnoghen, who is facing trial at the CCT over charges bordering on non-declaration of assets, had filed a case at the Appeal Court asking for stay of proceedings in the charge pending against him before the CCT.
The CCT on Monday adjourned indefinitely Onnoghen’s trial pending the determination of the application filed at the Appeal Court against the trial.
But in its ruling on Wednesday, the Court of Appeal dismissed the application of the embattled CJN, saying Onnoghen’s request “was brought in a vacuum” without a proper backing of legal provisions why it should have been granted.
Citing section 306 of the Administration of Justice Act as the basis for the ruling, the panel headed by Justice Abdul Aboki said, “A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such. Order for stay cannot be made in a vacuum. It is a matter of law and fact.”
The court, therefore, decided the application for stay of proceedings will not be granted and subsequently refused it, implying that the CCT can now proceed with Onnoghen’s trial.
Odunayo Oyasiji
