A Federal High Court sitting in Abuja has stopped the Presidency from arraigning the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
Justice N.E Maha of the Federal High Court directed that no steps should be taken in respect of Justice Onnoghen’s trial until January 17 when all parties to the two suits should return to court for the hearing of the plaintiffs’ motion on notice.
The CJN was expected to appear before the Danladi Umar-led Code of Conduct Tribunal on Monday but was absent from the court. The Tribunal adjourned the matter t0 January 22.
Justice N.E Maha, while ruling on two separate ex-parte applications on Monday, ordered parties to maintain the status quo till January 17.
The Judge directed that the defendants should be served with all the papers filed and they should appear in court at the next hearing.
Incorporated trustees of the Centre for Justice and Peace Initiative filed one of the suits marked FHC/ABJ/CS/27/2019.
Joined as defendants in the suit are: the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, the Chairman of CCT, Danladi Umar; the National Judicial Council, the Inspector-General of Police, Mr. Ibrahim Idris, and the Senate President, Dr. Bukola Saraki.
Also 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, Idris.
The ex-parte application in the suit FHC/ABJ/CS/27/2019 was moved by R.A Lawal-Rabana (SAN), before Justice Maha on Monday, while the ex-parte application filed in the suit marked FHC/ABJ/CS/28/2019 was moved by Mr. Jeph Njikonye.
The applications were filed before the Federal High Court in Abuja on Monday, while the CCT proceedings where Onnoghen was being expected to be arraigned was ongoing.
Meanwhile, the Code of Conduct Tribunal (CCT) adjourned to Tuesday January 22, the proceedings in the non-declaration of assets charge brought against Chief Justice Onnoghen.
The adjournment came following the agreement of all parties that the charge and summons was not properly served on the CJN who did not appear at the tribunal.
The Federal Government engaged the services of a former Commissioner of Justice in Kano State, Aliyu Umar, to head the team of prosecutors, while a leading Senior Advocate of Nigeria (SAN), Wole Olanipekun leads a galaxy of senior lawyers for the defendant.
Umar was also the prosecutor during the trial of Senate President, Bukola Saraki and his deputy, Ike Ekweremadu.
The tribunal chairman had at exactly 10am when the charge marked CCT/ABJ/01/19, was called up, demanded to know why the CJN was not in court and if he was served with the charge.
Responding, Umar, the prosecutor told the court that the CJN was served through one of his personal assistants.
“When we went to his house, he directed his personal assistant to collect the charge on his behalf. His personal assistant endorsed it, so he has been served”, Umar who led five other government lawyers, told the tribunal.
However, Chief Wole Olanipekun, who led many Senior Advocates of Nigeria and other lawyers, told the tribunal that the CJN had filed a motion dated January 14, challenging the jurisdiction of the tribunal to try him.
He said: “My lord we are not just challenging the jurisdiction, we are even challenging the jurisdiction of this tribunal to even sniff that charge”, Olanipekun submitted.
Olanipekun further challenged the competence of service of the charge, insisting that under sections 123 and 124 of the Administration of Criminal Justice Act, ACJA, 2015, criminal charge ought to be personally served on a defendant.
Meanwhile, after a clerk of the Tribunal, following a query from the Chairman, confirmed that the charge was received on behalf of the CJN, by one Sunday O. Osai who was identified as his personal assistant, the prosecution counsel, applied for FG to be allowed to effect another service of the charge on Justice Onnoghen.
The prosecution,however, pleaded the court to direct that the charge should not be handed to another person aside the CJN.
Following argument over legal technicalities for about an hour, the Chairman of the Tribunal, Justice Danladi Umar directed that the six-count charge against the CJN be served on him personally, before the next adjourned date.
He also directed that all the interlocutory applications would be heard on that day.
Over Senior Advocates of Nigeria (SAN) sighted at the CCT as part of the defence team of the Chief Justice of Nigeria included: Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi, Chris Uche, Yusuf Ali, Garba Tetengi, Effiong Offiong, Kehinde Ogunwumiji, Paul Erokoro, Tawo Tawo, Victoria Awomolo, Sebastine Hon and Chukwuma Machukwu Ume among others.