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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.”
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Fubara Frowns At Slow Pace Of Ndele–Omofo–Egmini–Agba-Ndele Road Project ….Says Contract May Be Reviewed
Rivers State Governor, Sir Siminalayi Fubara, has expressed dissatisfaction over the slow progress of work on the 14.5-kilometer Ndele/Omofo/Egamini/Agba-Ndele Road project located off the East–West Road in Emohua Local Government Area.
Addressing newsmen during an inspection tour of the project on Tuesday, the Governor noted that the pace and quality of work being delivered by the contracting firm, Messrs Stream Co. & Equipment Limited, fell below acceptable standards.
He was accompanied on the tour by the Permanent Secretary, Ministry of Works, Dr. Austin Ezekiel-Hart, who briefed the Governor on the status of the project and adjoining infrastructure.
Governor Fubara, who appeared visibly unsatisfied with what he saw on the stretch of the road, said his administration would not condone mediocrity or allow public funds to be wasted on underperforming projects. He, therefore, hinted that a review of the contract may be imminent to ensure the delivery of quality infrastructure to the people.
“I can say here already that the contractor handling the road from the bridge to the East–West Road is not doing a good job. I’m not happy about it. When I get back, there will be a need to review that contract because I’m not impressed. They don’t have the capacity, and we need capacity because we must have value for whatever money we’re spending,” the Governor said.
The Governor, however, commended Setraco Nigeria Limited for the standard and pace of work on the 240-meter Agba-Ndele/Abua Bridge, which forms a major component of the project. He explained that the bridge, which his administration inherited, would significantly improve connectivity among communities in the area once completed.
Governor Fubara stated that the bridge will serve as a key link between communities in Abua/Odual, Ahoada-East, and Emohua Local Government Areas, reducing travel time and providing an alternative route to the East–West Road.
He emphasised that the project demonstrates his administration’s commitment to rural connectivity and inter-community access, which are central to his development vision for Rivers State.
“Where we are standing on is a bridge connecting Abua/Odual, Ahoada-East, and Emohua Local Government Areas. The community that is connected to this bridge is Agba-Ndele.
“Instead of running through the East–West Road to Ahoada-East and heading into Port Harcourt or out of it, this bridge provides easy access for the Abua/Odual people to cross into Emohua, Agba-Ndele, and access the East–West Road in minutes,” he explained.
Governor Fubara also expressed optimism that the bridge would be ready for use in early 2026, noting that Setraco’s expertise and performance met his administration’s expectations for quality and delivery timelines.
He highlighted that projects of such importance should be handled by firms with the capacity to meet government standards.
The Governor further remarked that once completed, the bridge would serve as a crucial economic corridor for farmers and traders, especially those involved in agriculture and cultivation of local produce across the beneficiary local government areas.
He maintained that his administration is determined to deliver people-oriented projects that promote connectivity, strengthen commerce, and enhance livelihoods across the State.
“I’m really impressed with what I’ve seen on the bridge. I’m very sure that before the end of January, it might be completely ready for us to walk through and even drive across,” Governor Fubara said.
Reaffirming his vision for Rivers people, the Governor noted that his development plan seeks to integrate all parts of the State through strategic infrastructure investments that promote mobility, social cohesion, and economic growth.
He explained that his government is executing projects across multiple local government areas to ensure balanced development and inclusivity.
Governor Fubara stated that the administration will soon address the deplorable state of the Abua/Ahoada Road, which he said, will be included in the 2026 state budget.
“Our vision is to connect the entire Rivers State together, especially communities that have challenges of access. The bridge here connects Abua/Odual and Ahoada-East to Emohua and Port Harcourt. It will ease movement, promote trade, and boost our economy because agriculture is strong on this side. Moving goods to the city won’t be a problem anymore,” he said.
Governor Fubara reiterated his administration’s commitment to delivering quality infrastructure that provides value for public funds and meets the aspirations of Rivers people.
Rivers State Governor, Sir Siminalayi Fubara, has unveiled plans to permanently relocate the dumpsite along the busy Port Harcourt Airport–Obiri-Ikwerre Road, describing the current location as both a public health threat and a damaging first impression for visitors arriving in Port Harcourt, the State capital.
The Governor made this known on Tuesday during an inspection of a proposed replacement site, which is a disused burrow pit near Bambo Estate, off Eneka Road in Igwuruta, Ikwerre Local Government Area.
The location is being assessed as a potential permanent dumpsite for the State.
Governor Fubara, who was conducted by the Board Chairman, Rivers State Waste Management Agency (RIWAMA), Dr Samuel Nwanosike, and its Managing Director, Dr Ibimina Wokoma, expressed concern about the environmental and health challenges posed by the existing site, which sits along a major entry point into the State.
“The kind of environmental hazards that we are facing there along the Airport–Obiri- Ikwerre Road; the smell on that road being the entrance into the State, we felt it’s not proper,” he said. “So, we are making alternative arrangements so we can have a permanent refuse dumpsite that meets acceptable standards.
“He added that the government would move swiftly to formalise ownership of the land and complete construction work on the access road to make the new site functional.“We have not concluded the issue of the burrow pit, but the access road, I think the government is doing something about it.
So, I will make sure that everything that needs to be done to ensure government owns this burrow pit is done,” he stated.
Governor Fubara also commended the Rivers State Waste Management Agency (RIWAMA) for what he described as a more assertive and improved approach to managing refuse across the State.In addition to the dumpsite inspection, the Governor also visited the Permanent Secretaries’ Quarters located in Elimgbu Town, Obio/Akpor Local Government Area, to assess the extent of ongoing construction work on the facility.
Rivers State Governor, Sir Siminalayi Fubara, has charged the newly appointed Secretary to the State Government (SSG), Barrister Benibo Anabraba, to uphold the dignity of his office, protect the interest of the State, and discharge his duties with honour, respect, and responsibility.
Governor Fubara gave the charge during the swearing-in ceremony of the new SSG, held on Monday at the Executive Council Chambers of Government House, Port Harcourt.
Describing Anabraba’s appointment as an act of divine favour, the Governor said positions of leadership are not attained by our own human effort but by God’s grace in our lives.
“Let me first congratulate you. I’m using the word ‘congratulations’ because a few of us, not by our power but by the special favour of God, find ourselves in exalted positions. It’s not because we are the best, but only by His grace.”
Governor Fubara noted that the Office of the Secretary to the State Government is one of great honour, occupied by only a few since the creation of Rivers State, and urged the new appointee to serve with humility and dedication.
He, however, expressed confidence in Anabraba’s capacity to deliver, citing his past record as a principal officer of the Rivers State House of Assembly.
“This position is a rare privilege. Guard that office with honour. Discharge your duties with respect. Protect the interest of Rivers State. When you leave office, let it be with honour, and that only comes through responsible service.
“I know you’re a dedicated person. This opportunity is not for show or display of power. It’s a call to duty,” he cautioned.
The Governor emphasised that the current administration is focused on restoring confidence of the people because peace has been achieved in the State.
He enjoined the new SSG to align with the vision of the administration and contribute meaningfully to the collective progress of Rivers people.
“We are emerging from a very difficult period and must reassure our people that we mean well for them, especially now that peace has returned to Rivers State. By the grace of God, do your work well. Help us succeed in this assignment that God has given to us,” the Governor added.
