The Senate has withdrawn the case it filed at the Supreme Court against the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen. Yusuph Olaniyonu, Special Adviser to the Senate President on Media and Publicity, who disclosed this in a statement in Abuja on Monday, said the discontinuation followed the intervention of the National Judicial Council (NJC) on the matter. The case is slated for hearing at the apex court today, Tuesday, Feb. 5, 2019. The decision, according to Olaniyonu, “affirms the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the matter.
The withdrawal came as the Code of Conduct Tribunal (CCT) on Monday adjourned the trial of Justice Onnoghen, until Feb.13, at the instance of the defendant’s team. Chief Adegboyega Awomolo (SAN) Counsel to Onnoghen had urged the CCT to adjourn proceedings to allow the NJC to rule in the similar petition against Onnoghen. Awomolo had informed the three-man CCT panel, led by its Chairman Umar Danladi that his client has been served seven days to respond to the petition by the NJC, which was similar to the charges before the CCT. He said it was in the interest of justice; and to avoid a situation of double jeopardy for the defendant, for the CCT to adjourn so that Onnoghen would have the space to defend himself before the two institutions effectively.
Counsel to the Federal Government, Malam Aliyu Umar (SAN) did not raise objection, but described the reason adduced by Awomolo as unknown to law. Aliyu said the NJC was not a court with jurisdictional powers over the CCT; arguing that Awomolo should have based his reason on the Administration of Criminal Justice Act (ACJA) that entitled parties to five adjournments in the course of a trial. The CCT chairman viewed the reason for the adjournment as a usurpation of powers, and insisted on proceeding with the case, thereby igniting a near shouting match between him and Awomolo.
Awomolo had argued that when counsel to parties had agreed on an adjournment, the tribunal had little or nothing to do other than to grant it. On his part, Danladi said the tribunal had sent out the notice of sitting to entertain the two applications before it. He further explained that the decision of the Court of Appeal not to stay proceedings on the trial showed that the CCT panel had not done anything wrong. Huhuonline.com learnt that it took the intervention of the prosecutor (Umar) who requested for a 30-minute stand down of proceedings to douse the tension.
Upon the return of the members of the panel, apologies were tendered from both the bar and the bench. Danladi, thereafter, fixed Feb. 13, for a definite hearing of the matter. He, however, warned that the tribunal could activate its powers to issue a bench warrant if Onnoghen failed to appear before it on Feb 13, 2019. According to Danladi, Justice Onnoghen must present himself to take his plea before any interlocutory motions can be heard.
Huhuonline.com recalls that the defendant has a pending application challenging the jurisdiction of the tribunal to try him. The CCT said it was prepared to entertain an application filed by the government, urging it to order the stepping aside of the suspended Onnoghen as CJN. The government’s application also asked the tribunal to empower the president to take necessary steps to appoint an Acting CJN pending the determination of the case.
Onnoghen was suspended by President Muhammadu Buhari on Jan. 25 on the order of the CCT where the CJN is facing trial for alleged false asset declaration. Buhari immediately swore in Justice Tanko Muhammed, the most senior justice of the Supreme Court, as acting CJN. The president’s action sparked criticisms from some Nigerians, including Senate President, Bukola Saraki, who dismissed the suspension as unconstitutional. Four days later, the Senate filed a case at the Supreme Court to challenge Buhari’s action, a move disowned by the Senate APC caucus.
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