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A’Court Orders CCT To Suspend CJN’s Trial …Fixes Jan 30 To Rule On Onnoghen’s Appeal …It Is Victory For Democracy, Rule Of Law -Stakeholders
The Abuja Division of the Court of Appeal, yesterday, ordered the Code of Conduct Tribunal (CCT), to stay further proceedings on the six count charge the Federal Government preferred against the Chief Justice of Nigeria, Justice Walter Onnoghen.
The appellate court ordered the Danladi Umar-led tribunal to temporarily hands-off the matter till January 30, a date it fixed to deliver ruling on an appeal the embattled CJN lodged before it.
A three-man panel of Justices of the appellate court led by Justice Abdul Aboki, gave the order after it listened to counsel to the CJN and that of the Federal Government, regarding what transpired at the tribunal last Tuesday.
When the matter was called up, counsel to the CJN, Chief Wole Olanipekun, SAN, who led 18 other Senior Advocates of Nigeria, traced the history of the case for the appellate court panel.
Olanipekun told the appellate court that the Federal Government had on January 11, through the Code of Conduct Bureau (CCB), commenced what it termed as investigation of information contained in the assets declaration forms that were submitted by the CJN.
He said: “My Lords, on that same day, the charge was filed before the CCT. By the next Monday being January 14, the tribunal issued a summons for the Appellant to appear. On that same day, the Appellant filed an appeal to challenge jurisdiction of the tribunal.
“Likewise, the Respondent, on the same day, filed a motion asking the Applicant to step aside from office pending the determination of the substantive trial and for President Muhammadu Buhari to be compelled by the tribunal to swear in the most senior jurist of the Supreme Court as the acting CJN”.
He said in view of the development, the tribunal, on January 14 which was the first day the case came up before it, ruled that it would take both the applications by the CJN and that of Federal Government together.
Olanipekun said the CJN, who was dissatisfied with the decision of the tribunal, promptly filed a motion before the appellate court on January 18, as well as adduced eight exhibits to show why his motion and that of the prosecution should not be heard the same time.
In the said motion, the CJN prayed the appellate court to stay further proceedings in respect of charge No.CCT/ABJ/01/2019, pending against him before the CCT.
He urged the court to suspend further action on his trial, pending the determination of his appeal.
Olanipekun told the appellate court that regardless of four separate court injunctions that stopped further action on the matter pending determination of legal issues surrounding both the competence of the charge and jurisdiction of the tribunal to entertain same, the CCT Chairman, in a ruling last Tuesday, insisted on proceeding with the trial.
He told the court that aside Umar’s position that the CCT was not bound by orders from both the high court and the National Industrial Court, he equally refused to temporarily hands-off the matter to await the outcome of the CJN’s appeal.
More so, Olanipekun noted that the same tribunal had in the case involving Justice Sylvester Ngwuta of the Supreme Court who was also slammed with non assets declaration charge, held that its hands were tied by virtue of an appeal the defendant lodged to challenge its jurisdiction.
Olanipekun alleged that over 48 hours after the tribunal gave its ruling, it had yet to furnish the Applicant with a copy despite a letter that was written on behalf of the CJN.
He said the Supreme Court had previously held that in situation where an Applicant failed to adduce a copy of a contentious ruling, the appellate court, was at liberty to admit affidavit evidence, as well as certified newspaper publications on the subject matter in dispute.
He said the CJN’s motion to temporarily halt further proceedings at the CCT was to avoid the foisting of a state of fait-accompli (helplessness) on the Appeal Court and thereby render his appeal nugatory.
Olanipekun further drew attention of the appellate court panel to the fact that both the CCT and its Chairman are parties in all the pending cases.
“We are urging my lords to protect the ‘Res’ of this matter which is not only about the office and position of the CJN, but about the judiciary and the constitution. The Res in this matter is serious and very unique.
“There is a threat to the institution of the judiciary and the ruling of the tribunal further compounded the already existing conundrum.
“The sanity and sanctity of the legal profession and the judicial process is at stake. We want to plead your Lordships to accede to our request and order stay of proceedings at the Code of Conduct Tribunal and also order accelerated hearing of the appeal.
“I dare submit that there cannot be two kings in the palace. The court of appeal has been seized of the matter and yet that tribunal want to proceed on Monday.
“The urgency of this situation deserves an intervention of your lordships”, he pleaded.
Meanwhile, on his part, Federal Government’s lawyer, Mr. Oyin Koleosho, urged the appellate court to dismiss the CJN’s application.
He argued that it was within the discretion of the tribunal and not the Federal Government to decide whether or not the trial should be temporarily suspended.
“It is not within the powers of the Respondent to on its own, stay proceedings. It is the exercise of discretionary powers of the tribunal.
“Exhibit A to A4 attached to the Applicant’s further affidavit clearly indicated that the tribunal adjourned to hear the application challenging its jurisdiction.
“This exhibit equally shows that the adjournment at the tribunal was at the instance of this Applicant who sought for time to file his response.
“There is nothing before this court to show that the application challenging jurisdiction of the tribunal and the one asking him to step aside were adjourned together.
“The exhibit will show that the tribunal adjourned to hear the motion challenging its jurisdiction.
“If an order of stay of proceeding is granted, how then can the tribunal take that motion challenging its jurisdiction?
“It is our position that even if this appeal succeeds, it cannot terminate the charge against the Applicant or the proceeding before the lower tribunal.
“The success of the instant appeal will be of no utilitarian value to the Applicant. Therefore this appeal should not be the basis for granting a stay of proceeding.
“In conclusion, we urge your Lordships to dismiss this application”, Federal Government’s lawyer added.
After it had listened to both sides, the appellate court panel adjourned for ruling, even as it ordered stay of proceedings at the CCT.
“Ruling on this appeal is hereby adjourned till January 30, meanwhile the tribunal should suspend the proceeding before it pending the ruling”, Justice Aboki held.
It will be recalled that the CCT had in a two to one split decision, adjourned till next week Monday to continue with trial of the CJN with hearing of all the pending applications.
Whereas the Chairman of the tribunal, Umar, relied on section 306 of the Administration of Criminal Justice Act, 2015, to reject the CJN’s motion for staying of proceedings to await the outcome the appeal, a second member of the panel, Mr. William Agwadza Atedze, relied on section 287(3) of the 1999 Constitution, as amended, and plethora of Supreme Court decided cases, to insist that the CCT was under obligation to respect the four interim injunctions that restrained all the parties, including the tribunal, from taking further steps in the matter.
Atedze noted that all the cases upon which the interim injunctions were granted, bordered on whether or not the CCT has the requisite jurisdiction to try the CJN on the strength of allegations FG levelled against him.
The Federal Government had in the six-count charge it lodged at the CCT, alleged that the CJN filed to declare his assets as prescribed by the law, as well as maintained foreign bank accounts.
Meantime, the opposition political parties under the aegis of the Coalition of United Political Parties, yesterday, lauded the Court of Appeal for restraining the Code of Conduct Tribunal from proceeding with hearing in the false assets declaration suit filed against the Chief Justice of Nigeria, Justice Walter Onnoghen.
The first national spokesperson of CUPP, Imo Ugochinyere, made the position of the opposition parties known in a statement made available to journalists in Abuja.
Ugochinyere described the verdict as a victory for democracy and the rule of law.
He said the opposition parties stood for the independence of the judiciary and would fight to protect such sacred institutions from being destroyed.
The statement read, “The Coalition of United Political Parties received with joy the news of the ruling of the three-man panel of the Court of Appeal which sat in Abuja and restrained the Danladi Umar-led Code of Conduct Tribunal from continuing with the trial of the Chief Justice of Nigeria pending the determination of the main motion.
“The opposition sees the ruling as victory for democracy and rule of law and a fatal blow to the All Progressives Congress political barbarians who are desperate to annex the Supreme Court to the list of their already destroyed national institutions.
“We advise APC to build a private court for their members as the Nigerian court cannot be intimidated to submit to the leadership of the outgoing ruling party.
“The opposition coalition stands for the independence of the judiciary and will fight with the last drop of its blood to protect such sacred institutions from being destroyed.”
The Administrator of Rivers State, Retired Vice Admiral Ibok-Ete Ekwe Ibas, has assured the commitment of Rivers State government to workers’s welfare and industrial harmony in Rivers State.
The Sole Administrator gave the assurance after meeting with leadership of organized labour unions at the Government House, Port Harcourt on Wednesday.
Ibas reaffirmed government’s policy of prompt payment of salaries and pensions to workers and retirees, stating that all local government employees are not receiving the approved minimum wage.
He disclosed that approval has been given for payment of newly employed staff at Rivers State University Teaching Hospital and the Judiciary, while medical workers in Local Government Areas will now receive correct wages.
Ibas explained that, Government is reviewing implementation challenges of the Contributory Pension Scheme ahead of the July 2025 deadline, adding that Intervention buses have been reintroduced to ease workers’ transportation ,with plans to expand the fleet.
He said specialized leadership training for top civil servants will commence within two weeks, while due consideration is being given to implementing the N32,000 consequential adjustment for pensioners and clearing outstanding gratuities.
Ibas commended Rivers State workers for their dedication to service and called for sustained partnership with labour unions to maintain industrial peace.
“This administration recognizes workers as critical partners in development. We remain committed to addressing your legitimate concerns within available resources,” he stated.
The State NLC Chairman, Comrade Alex Agwanwor, thanked the Administrator for the steps taken so far with regard to workers welfare while appreciating his disposition towards alleviating the transportation problem faced by workers.
He also expressed appreciation for the government’s openness to dialogue and pledged continued cooperation towards achieving mutual goals.
The Rivers State Government assured all workers of its unwavering commitment to their welfare and called for continued dedication to service delivery for the collective progress of our dear State.
The Nigeria Labour Congress (NLC), Rivers Council, has called for policies that will improve the economic situation of the country in order to ensure enhanced living standard for workers.
The State Chairman, Mr Alex Agwanwor, made the remark on behalf of the unions affiliated to Labour Congress during the 2025 workers day celebration in Port Harcourt, yesterday.
Agwanwor highlighted the demands of the Unions which included the immediate payment of pension arrears, implementation of the N32,000 minimum wage for pensioners, and payment of gratuities and death benefits without further delay.
“We are calling for the regulation and protection of e-hailing drivers, implementation of increments and promotions, and resolution of long-standing issues in the polytechnic sector,” he said.
Agwanwor on behalf of the unions appealed to President Bola Tinubu to reinstate the democratically elected Governor, Deputy Governor, and members of the Rivers State House of Assembly.
He stressed the importance of democratic governance and good working relationship with elected representatives.
According to him, the unions expressed disappointment over the imposition of taxes, increase in electricity tariff, and high cost of goods and services, which have further worsened the plight of workers.
“We urge the federal government to take measures to alleviate the suffering of citizens,” he said.
Vice-President Kashim Shettima says President Bola Tinubu is committed to unlocking Nigeria’s full potential and position the country as a leading force on the African continent.
Shettima stated this when he hosted a delegation from the Hertie School of Governance, Berlin, led by its Senior Fellow, Dr Rolf Alter, at the Presidential Villa in Abuja last Wednesday.
He said Nigeria was actively seeking expertise from the global best institutions to enhance policy formulation and implementation, particularly in human capital development.
The Vice-President noted that President Tinubu was determined to elevate Nigeria to its rightful position as a leading force in Africa.
“The current crop of leadership in Nigeria under President Bola Ahmed Tinubu is ready and willing to unleash the full potential of the Nigerian nation on the African continent.
” We are laying the groundwork through strategic reforms, and at the heart of it, is human capital development.”
He described the Hertie School as a valuable partner in the journey.
According to him, Hertie School of Governance, Berlin, has track record and institutional knowledge to add value to our policy formulation and delivery, especially in this disruptive age.
Shettima reiterated the government’s priority on upskilling Nigerians, saying ” skills are very important, and with our Human Capital Development (HCD) 2.0 programme.
“We are in a position to unleash the full potential of the Nigerian people by enhancing their capital skills.”
The Vice-President acknowledged the vital support of international development partners in that effort.
” I want to thank the World Bank, the European Union, the Bill and Melinda Gates Foundation, and all our partners in that drive to add value to the Nigerian nation,” he maintained.
The Vice-President said human capital development was both an economic imperative and a social necessity.
Shettima assured the delegation of the government’s readiness to deepen cooperation.
” We need the skills and the capacity from your school. The world is now knowledge-driven.
“I wish to implore you to have a very warm and robust partnership with the government and people of Nigeria.”
Shettima further explained recent economic decisions of the government, including fuel subsidy removal and foreign exchange reforms.
“The removal of fuel subsidy, the unification of the exchange rate regime and the revolution in the energy sector are all painful processes, but at the end of the day, the Nigerian people will laugh last.
“President Tinubu is a very modern leader who is willing to take far-reaching, courageous decisions to reposition the Nigerian economy,” he added.
Earlier, Alter, congratulated the Tinubu administration for the successful launch and implementation of the Human Capital Development (HCD) strategy.
The group leader described the development as ambitious and targeted towards the improvement of the lives of the citizens.
He expressed satisfaction with the outcome of his engagements since arriving in the country.
He applauded the zeal, commitment, energy and goodwill observed among stakeholders in the implementation of Nigeria’s HCD programme.
Alter said the Hertie School of Governance would work closely with authorities in Nigeria across different levels to deliver programmes specifically designed to address the unique needs of the country.
He, however, stressed the need for government officials at different levels to be agile and amenable to the dynamics of the evolving world, particularly as Nigeria attempted to successfully accelerate its human capital development aspirations.