The court of appeal sitting in
Abuja has dismissed a motion filed by Walter Onnoghen, suspended chief justice
of Nigeria, seeking stay of proceedings on his ongoing trial at the Code of
Conduct Tribunal (CCT).
The federal government is
prosecuting him for alleged false assets declaration.
Onnoghen had approached the court, arguing the CCT had no
jurisdiction to preside over the case.
But on Wednesday, a three-man
panel led by Abdul Aboki, a judge, 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.
Onnoghen has approached the
supreme court to challenge his suspension.
From one pole to a pillar. That is Nigeria for you
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