UPDATE: Appeal Court declines request to stop Onnoghen’s trial at CCT

The Court of Appeal, Abuja Division on Wednesday refused to stay the trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen in the false asset declaration charges brought against him by the federal government at the Code of Conduct Tribunal (CCT).

A three-member panel of Justices of the appellate court, headed by Justice Abdul Aboki, held that Onnoghen’s prayer that his trial be put on hold runs contrary to the provisions of section 306 of the Administration of Criminal Justice Act (ACJA) 2015.

Justice Abdul Aboki, who read the unanimous ruling cited the case of Bukola Saraki, in which Justice Onnoghen himself at the Supreme Court declined to stay proceedings on the same grounds that section 306 of ACJA did not permit a stay of criminal trials.

Justice Aboki said, there were no special circumstances in which Onnoghen’s prayer would be granted in the appeal argued by Chief Wole Olanipekun (SAN).

The Court of Appeal in the ruling, aligned with the respondent that the suspended CJN request for a stay of proceedings ought to be refused.

The court accordingly dismissed the appeal seeking to stop the CCT from taking further steps in the six-count criminal charges filed against Onnoghen by the federal government.

Recalled that the CCT had on January 14, ruled to hear and rule all motions that arose in the charges at the next adjourned date.

Justice Onnoghen, not pleased with the decision of the tribunal to take all motions together had approached the Court of Appeal to set aside the decision of the tribunal.

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His grouse was that the CCT ought to take his motion challenging the jurisdiction of the tribunal first before entertaining any other motion.

Having dismissed the request the Court subsequently vacated its temporary order issued on January 24, halting the proceedings at the CCT pending its ruling on Onnoghen’s motion.

In a short ruling on January 28, Chairman of the CCT, Danladi Yakubu Umar had adjourned trial indefinitely, following the order of the Court of Appeal issued on January 24 for a temporary stay of proceeding.

Following the dismissal of the motion on notice, “the motion earlier granted is spent and the order is no longer in existence,” the appellate court held.

The Court adjourned till February 4, for the hearing of the substantive appeal as well as the motion challenging the CCT jurisdiction.

The CCT had scheduled January 14 for the arraignment of Justice Onnoghen over alleged failure to disclose his assets as and when due.

He was expected to respond to a six-count charge of false asset declaration charges against him upon arraignment.

Onnoghen is also accused of failing to declare some funds in his domiciliary accounts.

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