CCT Trial: Anxiety over Threat to Issue Bench Warrant against Onnoghen
As the Code of Conduct Tribunal, CCT, in Abuja, resumes hearing on the six-count charge pending against the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, his defence team has expressed fears over alleged plot to issue a bench warrant for his arrest.
A member of Justice Onnoghen’s legal team comprising over 48 Senior Advocates of Nigeria, SANs, who spoke last night, expressed apprehension over alleged plan to persuade the Danladi Umar-led CCT panel to order security agencies to arrest the suspended CJN.
The senior lawyer, who pleaded anonymity, maintained that the motion was already prepared and ready to be moved today, should Justice Onnoghen fail to appear before the CCT for his trial.
It will be recalled that that the suspended CJN, who is facing prosecution over allegation that he failed to declare his assets as prescribed by the law, as well as operated foreign bank accounts, had on two adjourned dates declined appearance summons the tribunal issued against him.
While he declined to appear for arraignment on January 14 on the premise that the summon was not personally served on him, the defendant, on January 21, equally failed to appear before the tribunal, which he argued was bereft of the requisite jurisdiction to try him.
He contended that Federal Government’s failure to channel the petition against him, as well as the outcome of the investigation that was purportedly conducted on his assets declaration forms by the Code of Conduct Bureau, CCB, to the National Judicial Council, NJC, legally invalidated the charge it entered against him at the CCT.
Meantime, following his repeated absence for his scheduled trial, the Federal Government, on the last adjourned date, said it had the right to apply for a bench warrant to be issued against the suspended CJN.
“We have the right under Paragraph 6(6) of the Code of Conduct Tribunal Practice Direction to apply for warrant of arrest,” government’s lawyer, Alhaji Aliyu Umar, told the tribunal.
It was learned last night that Onnoghen, who has gone to the Court of Appeal to challenge his trial, may not appear before the tribunal today, a situation that could warrant an application for his arrest.
Meanwhile, the Justice Abdul Aboki-led three-man panel of Justice of the Court of Appeal is set to hear Onnoghen’s appeal.
The appellate court had in a ruling on January 30, vacated its initial order that stopped the CCT from taking further steps in Onnoghen’s trial.
The appellate court held that staying further proceedings in the matter would amount to a violation of extant laws regulating criminal trials in the county.
In another development, the Supreme Court has fixed tomorrow to hear a suit the Senate lodged to challenge President Muhammadu Buhari’s powers to unilaterally suspend the CJN.
In the suit marked SC.76/2019, the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate, as a violation of section 292(1)(a)(i) of the constitution.
The suit, having raised constitutional issues, will be handled by a seven-man panel of justices that will be constituted by acting CJN, Justice Tanko Muhammad.
Neverthless, pressure has continued to mount on the Federal Government to withdraw the charge against Onnoghen following the recent intervention of the NJC in the matter.
The NJC had at the end of its emergency meeting last week, handed Justice Onnoghen seven working days to respond to corruption allegations against him.
The legal body equally gave the same number of days to the acting CJN, Justice Muhammad, to explain why disciplinary action should not be taken against him for submitting himself to be sworn-in by President Buhari as Onnoghen’s replacement.
Basically, the NJC, directed the suspended CJN to respond to a petition that was lodged against him by one Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education.
The petitioner accused Onnoghen of being in possession of funds and properties that are way beyond his legitimate earnings.
On the other hand, the Council, asked the Acting CJN, to respond to two separate petitions that were entered against him by a group under the aegis of Centre for Justice and Peace Initiative, as well as by a former President of the Nigerian Bar Association, NBA, Chief Olisa Agbakoba, SAN.
Agbakoba had in his petition, urged the NJC to determine the propriety of Justice Muhammad, accepting to be sworn-in by the President in place of the suspended CJN, despite being aware of the implication of his conduct.
According to Agbakoba, by submitting himself to the President to be sworn-in as acting CJN, Justice Muhammad, lent himself to constitutional infraction by the executive arm of government.
He recalled that Justice Muhammad was a member of the panel that sanctioned Justice Obisike Orji of Abia State for allowing himself to be sworn-in as Abia State Chief Judge by the state’s governor, without recourse to the NJC.
Agbakoba accused the Acting CJN of engaging in an act of judicial misconduct.
The Council said it had also forwarded another petition against the CCT Chairman, Mr. Umar, to the Federal Judicial Service Commission, FJSC.
A group under the platform of Centre for Justice and Peace Initiative, had urged the NJC to sanction the CCT boss for engaging in “reckless abuse” of his judicial powers.
NJC noted that the FJSC was the appropriate constitutional body empowered to deal with issues the petitioner raised against the CCT Chairman.
The Nigerian Bar Association had earlier raised a three-man team headed by one of its former Presidents, Chief Wole Olanipekun, to seek ways to persuade FG to drop charges against Onnoghen.
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