The Code of Conduct Tribunal (CCT) on Monday ruled further proceedings in the trial of the suspended Justice Walter Onnoghen will be conducted on a day-to-day basis.
Danladi Umar, the chairman of the three-man tribunal in a bench ruling at the resumed hearing of suit of the suit filed against the suspended CJN, also elected to reserve, till the conclusion of the trial, decisions on applications by Onnghen, which challenged the tribunal’s jurisdiction and another asking Umar recuse himself from the case.
Umar cited Section 296(2) &(3) of the Administration of Criminal Justice Act (ACJA) to support his ruling.
The CCT Chairman had sought the views of lawyers on both sides on how the tribunal should proceed in view of the provision Section 296(2) of the ACJA vis a vis the applications just argued.
Umar had sought the lawyers’ views after the tribunal took arguments from both sides in relation to the two applications by Onnoghen.
In his contribution, lead prosecution lawyer, Aliyu Umar (SAN) said, by the provision of Section 296(2), the tribunal could reserve its ruling in the application that challenged its jurisdiction.
He said the tribunal cannot afford to proceed without ruling on the other application, querying the tribunal Chairman’s integrity and demanding that he excuse himself from further proceedings on grounds of likely bias.
On his part, lead defence lawyer, Adegboyega Awomolo (SAN) said, in view of the issues raised in both applications, which are contesting the tribunal’s jurisdiction and the integrity of its Chairman, and his ability to be fair in his handling of the case, the tribunal cannot proceed without first, ruling on both applications.
After listening to both lawyers, the CCT Chairman proceeded, there and then, to write his ruling, which he delivered about 20 minutes later, refusing to adopt either of the positions suggested by Umar and Awomolo.
He said in line with the provision of Section 296(2) of the ACJA, the tribunal has the powers to consider any motion per application challenging its jurisdiction or the competence of a charge pending before it, along with the substantive case and makes its ruling at the time of the delivery of judgment.
The CCT Chairman said: “It is to be noted that, in view of the sensitive position of the third arm of government, that is the Judiciary, which is the formidable arm of government, and in consideration of the importance of the judicial arm of government, which is at the heart of the stability of the nation, it is imperative that the tribunal expedite proceedings in this trial in order to prevent anarchy, lawlessness and chaos.
“The tribunal deems it fit to treat this matter with utmost dispatch, hence the need to accelerate the hearing and determination of all motions and the substantive matter together and render its decision.”
Umar further said the tribunal “shall be strictly guided by the provisions of the ACJA 2015, which encourages speedy trial of proceedings.”
The Chairman proceeded to order that all rulings in the applications argued before the tribunal on Monday, shall be ruled upon, along side the substantive case, in accordance with the provision of Section 296(2) of the ACJA.
He added that, in accordance with the provisions of Section 296(3) of the ACJA and Paragraph 5(5) of the Practice Direction of the tribunal, and in View of the fact that both applications of the defendant bother on the jurisdiction of the tribunal, the tribunal shall henceforth conduct the case on day-to-day basis.
Umar further said: “In view of the above observations, the tribunal hereby orders that ruling in the two applications of the defendant/applicant, shall be reserved and delivered along with the decision of the tribunal on the substantive trial.
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