The Court of Appeal has dismissed a request brought by suspended Chief Justice of Nigeria, Walter Onnoghen, for a stay of proceedings in his trial at the Code of Conduct Tribunal.
The court in a ruling yesterday said the request brought by Mr Onnoghen “was brought in a vacuum,” without a proper backing of legal provisions why it should have been granted.
According to the appellate court, Onnoghen’s lawyers had argued that their application was brought because the tribunal, on January 14 refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.
The court, however, read through the words used during the January 14 adjournment of the tribunal wherein the CCT slated January 22 for hearing of motions in the matter.
“Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki while reading through the tribunal’s ruling on January 14.
“The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.
According to the appellate court, the words used by the tribunal did not suggest the submissions made by the applicant. The court questioned the likelihood of its jurisdiction to grant such order as requested, given the evidence before it.
“A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” said Aboki who read the ruling with two other judges.
“Order for stay cannot be made in vacuum. It is a matter of law and fact,” the court ruled.
The court therefore decided that the application for stay of proceedings will not be granted and subsequently refused it.
The ruling implies that the CCT can now proceed with the trial of the chief justice for alleged false asset declaration. The CCT had postponed the trial based on last week’s directive of the appeal court.
…Gov Ortom backs Saraki over S’ Court suit against Buhar
Benue State Governor, Samuel Ortom has applauded the Senate President, Dr Bukola Saraki and Speaker, House of Representatives, Hon. Yakubu Dogara, as well as the entire leadership of the National Assembly for approaching the Supreme Court over Justice Onnoghen’s suspension.
According to Ortom, Saraki and Dogara demonstrated true patriotism by leading the National Assembly to seek interpretation of the Apex Court to the Presidency’s unfortunate sacking of the Chief Justice of Nigeria (CJN).
He said Nigerians are patiently waiting to know the Court’s verdict, whether or not the decision of the Presidency to suspend the CJN amounts to usurpation of the powers of Senate as provided for in Section 292 of the 1999 Constitution (as amended).
The Governor stressed that it is only when due process, the rule of law and separation of powers are respected by the three arms of government that the country’s democracy can grow.
He calls on all Nigerians to reject impunity and high-handedness in any disguise and be prepared to vote without the fear of intimidation during the coming elections.
… stop being mischievous, Sen Olujimi tells APC caucus
Senate Minority Leader, Sen. Biodun Olujimi, has advised her colleagues in the All Progressives Congress (APC) Caucus to stop spreading misleading information about how Senate decision to file a case in court is taken and who can authorise such a decision.
Olujimi, in a reaction to the statement credited to Senate majority leader, Ahmad Lawan, in which he dissociated the APC Caucus from the decision of the Senate to seek the interpretation of the law in the Supreme Court on whether President Buhari acted within his powers under the Constitution in suspending the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, stated that it is usually the prerogative of the presiding officer to decide whether an issue concerning the chamber should be referred to the court for adjudication and that this position is supported by precedents.
“I am surprised that a few of my colleagues in the APC Caucus are spreading disinformation that they were not party to the decision to file a case seeking interpretation of the provision of the constitution concerning the President’s decision to suspend the CJN.
“Those who are saying this are just being mischievous. They know such a decision is not meant for debate on the floor of the Senate. It is the prerogative of the presiding officer and in this particular case, majority of the people in Senate leadership suggested and supported the idea. There is no precedent of when decision on whether to resort to court is referred to the plenary. And there are several cases that the Senate has been and is still involved in.
“Incidentally, those our colleagues in the APC who are spreading this dis-information are those who have been in the Senate for many years and they know the rules, conventions and practices. That is why I consider their current position as mischievous.”
