Connect with us

News

CCT Trial: Anxiety Mounts Over Threat To Issue Bench Warrant Against Onnoghen

Published

on

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 of over 48 Senior Advocates of Nigeria, who spoke to newsmen last night, expressed apprehension over alleged plan to persuade the Mr. 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 on Monday, 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 separate 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 FG’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.
Onnoghen stressed that FG failed to abide by existing judicial precedent as encapsulated in a recent Appeal Court decision in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA), to the effect that any misconduct attached to the office and functions of a judicial officer, must first be reported to and handled by the NJC, pursuant to the provisions of the laws.
Meantime, following his repeated absence for his scheduled trial, FG, on the last adjourned date, said it has 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, AlhajiAliyu Umar told the tribunal.
He said FG decided not to make the application at that time so as not to overheat the polity in view of the exalted position of the defendant.
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.
It noted that Onnoghen himself had in a judgment he delivered in a case involving a firm owned by former National Publicity Secretary of the Peoples Democratic, PDP, Chief OlisaMetuh, Destra Investment Limited, banned the grant of stay of proceeding in criminal matters.
Justice Aboki gave the lead ruling, recalled that the suspended CJN had in another case that involved the Senate President, Dr. BukolaSaraki, identified the CCT as a special court with quasi-criminal jurisdiction.
He maintained that section 306 of the Administration of Criminal Justice Act, 2015, expressly forbade courts from granting orders to stay proceedings in criminal cases.
Though the appellate court ordered accelerated hearing of the charge against the defendant, it fixed today to hear Onnoghen’s appeal challenging the procedure adopted by the tribunal.
The suspended CJN is challenging the decision of the CCT to hear the preliminary objection he lodged against his trial, alongside FG’s motion for an order to compel him to step aside as both the CJN and Chairman of the NJC.
Besides, Justice Onnoghen also lodged another appeal to query the legal competence of an ex-parte order the CCT issued on January 23, which President Muhammadu Buhari relied upon to suspend him from office. Among his grounds of appeal, Justice Onnoghen, argued that the Mr. Umar-led CCT erred in law by granting an ex-parte order for his removal, even when its jurisdiction to entertain the six-count charge the federal government levelled against him was being challenged.
He applied for, “An order setting aside the order of the tribunal made on the 23rd of January, directing the Appellant to step aside as the Chief Justice of Nigeria and a further order that the President of the Federal Republic of Nigeria takes all necessary measures to swear-in the most senior Justice of the Supreme Court of Nigeria as Acting Chief Justice of Nigeria and Chairman of the National Judicial Council”.
The suspended CJN argued that, “The exercise of powers over the motion ex-parte without first determining the jurisdiction of the tribunal amounted to unlawful exercise of jurisdiction and therefore void”.
In another development, the Supreme Court, has fixed Tuesday to hear a suit the Nigerian Senate lodged to challenge President 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 the Acting CJN, Justice Tanko Muhammad.
Specifically, the Senate, is praying the apex court to issue an order restraining the two defendants in the suit, President Buhari and the Attorney-General of the Federation, MrAbubakarMalami, from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect to the suspension of the CJN.
It is seeking for, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel NkanuOnnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the constitution and therefore null and void.
“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel NkanuOnnoghen from his office as the Chief Justice of Nigeria and restoring him to the said office. As well as, “An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”
Nevertheless, 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 OlisaAgbakoba, 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 WoleOlanipekun, to seek ways to persuade FG to drop charges against Onnoghen.

Continue Reading

News

You Failed Nigerians, Falana Slams Power Minister

Published

on

Human rights lawyer, Femi Falana, SAN, has passed a vote of ‘no confidence’ in the Federal Government, saying that the Minister of Power, Adebayo Adelabu, has failed Nigerians.

Falana was reacting to Adelabu’s appearance before the Senate to defend the increase in the electricity tariff and what Nigerians would pay on Monday.

The rights activists also claimed that the move is a policy imposed on the Nigerian government by the International Monetary Funds (IMF) and the World Bank.

Speaking on the Channels TV show on Monday night, Falana said, “The Minister of Power, Mr Adebayo Adelabu has failed to address the question of the illegality of the tariffs.

“Section 116 of the Electricity Act 2023 provides that before an increase can approved and announced, there has to be a public hearing conducted based on the request of the DISCOS to have an increase in the electricity tariffs. That was not done.

“Secondly, neither the minister nor the Nigeria Electricity Regulatory Commission has explained why the impunity that characterised the increase can be allowed.”

Falana also expressed worry over what he described as impunity on the part of the Federal Government and electricity regulatory commission.

““I have already given a notice to the commission because these guys are running Nigeria based on impunity and we can not continue like this. Whence a country claims to operate under the rule of law, all actions of the government, and all actions of individuals must comply with the provisions of relevant laws.

“Secondly, the increase was anchored on the directives of the commission that customers in Band A will have an uninterrupted electricity supply for at least 20 hours a day. That directive has been violated daily. So, on what basis can you justify the increase in the electricity tariffs”, Falana queried.

The human rights lawyer alleged that the Nigerian government is heeding an instruction given to her by the Bretton Wood institutions.

He alleged, “The Honourable Minister of Power is acting the script of the IMF and the World Bank.

“Those two agencies insisted and they continue to insist that the government of Nigeria must remove all subsidies. Fuel subsidy, electricity subsidy and what have you; all social services must be commercialised and priced beyond the reach of the majority of Nigerians.

“So, the government cannot afford to protect the interest of Nigerians where you are implementing the neoliberal policies of the Bretton Wood institutions.”

The Senior Advocate of Nigeria accused Western countries led by the United States of America of double standards.

According to him, they subsidize agriculture, energy, and fuel and offer grants and loans to indigent students while they advise the Nigerian government against doing the same for its citizens.

Following the outrage that greeted the announcement of the tariff increase, Adelabu explained that the action would not affect everyone using electricity as only Band A customers who get about 20 hours of electricity are affected by the hike.

Falana, however, insisted that neither the minister nor the National Electricity Regulatory Commission (NERC) has justified the tariff increase.

The senior lawyer said that Nigerian law gives no room for discrimination against customers by grading them in different bands.

He insisted that the government cannot ask Nigerians to pay differently for the same product even when what has been consistently served to them is darkness.

Following the outrage over the hike, Adelabu on Monday appeared at a one-day investigative hearing on the need to halt the increase in electricity tariff by eleven successor electricity distribution companies amid the biting economic situation in Nigeria.

However, Falana said that nothing will come out of the probe by the Senate.

He advised that the matter has to be taken to court so that the minister and the Attorney General of the Federation can defend the move.

Continue Reading

News

1.4m UTME Candidates Scored Below 200  -JAMB 

Published

on

The Joint Admissions and Matriculation Board (JAMB) on Monday, released the results of the 2024 Unified Tertiary Matriculation Examination, showing that 1,402,490 candidates out of  1,842,464 failed to score 200 out of 400 marks.

The number of candidates who failed to score half of the possible marks represents 78 per cent of the candidates whose results were released by JAMB.

Giving a breakdown of the results of the 1,842,464 candidates released, the board’s Registrar, Prof. Ishaq Oloyede, noted that, “8,401 candidates scored 300 and above; 77,070 scored 250 and above; 439,974 scored 200 and above while 1,402,490 scored below 200.”

On naming the top scorers for the 2024 UTME, Oloyede said, “It is common knowledge that the Board has, at various times restated its unwillingness to publish the names of its best-performing candidates, as it considers its UTME as only a ranking examination on account of the other parameters that would constitute what would later be considered the minimum admissible score for candidates seeking admission to tertiary institutions.

“Similarly, because of the different variables adopted by respective institutions, it might be downright impossible to arrive at a single or all-encompassing set of parameters for generating a list of candidates with the highest admissible score as gaining admission remains the ultimate goal. Hence, it might be unrealistic or presumptive to say a particular candidate is the highest scorer given the fact that such a candidate may, in the final analysis, not even be admitted.

“However, owing to public demand and to avoid a repeat of the Mmesoma saga as well as provide a guide for those, who may want to award prizes to this set of high-performing candidates, the Board appeals to all concerned to always verify claims by candidates before offering such awards.”

Oloyede also noted that the results of 64,624 out of the 1,904,189, who sat the examination, were withheld by the board and would be subject to investigation.

He noted that though a total of 1,989,668 registered, a total of 80,810 candidates were absent.

“For the 2024 UTME, 1,989,668 candidates registered including those who registered at foreign centres. The Direct Entry registration is still ongoing.

“Out of a total of 1,989,668 registered candidates, 80,810 were absent. A total of 1,904,189 sat the UTME within the six days of the examination.

“The Board is today releasing the results of 1,842,464 candidates. 64,624 results are under investigation for verification, procedural investigation of candidates, Centre-based investigation and alleged examination misconduct”, he said.

Oloyede also said the Board, at the moment, conducts examination in nine foreign centres namely: Abidjan, Ivory Coast; Addis Ababa, Ethiopia; Buea, Cameroon; Cotonou, Republic of Benin; London, United Kingdom; Jeddah, Saudi Arabia; and Johannesburg, South Africa.

“The essence of this foreign component of the examination is to market our institutions to the outside world as well as ensuring that our universities reflect the universality of academic traditions, among others. The Board is, currently, fine-tuning arrangements for the conduct of the 2024 UTME in these foreign centres,” he explained.

Continue Reading

News

Ex-CBN Director Admits Collecting $600,000 Bribe For Emefiele 

Published

on

A former Director of Information Technology with the Central Bank of Nigeria, John Ayoh, has alleged that he collected on behalf of the former governor of the apex bank, Godwin Emefiele, a sum of $600,000 in two installments from contractors.

Ayoh, the second witness of the Economic and Financial Crimes Commission (EFCC), disclosed this on Monday while recounting instances where he facilitated the delivery of money to Emefiele, claiming it was for contract awards.

Under cross-examination at the Ikeja Special Offences Court in Lagos by the defence counsel, Olalekan Ojo (SAN), Ayoh admitted to facilitating the alleged bribery under pressure.

The embattled former governor of the apex bank is having many running legal battles both in Abuja and Lagos and is being tried by the EFCC at the Special Offences Court over alleged abuse of office and accepting gratification to the tune of $4.5 billion and N2.8bn.

He was arraigned on April 8, 2024, alongside his co-defendant, Henry Isioma-Omoile, on 26 counts bordering on abuse of office, accepting gratifications, corrupt demand, receiving property, and fraudulently obtaining and conferring corrupt advantage.

Emefiele’s defence, however, challenged the court’s jurisdiction over constitutional matters, urging the quashing of counts one to four and counts eight to 24 against him.

Ayoh, who was led in evidence by the EFCC prosecution counsel, Rotimi Oyedepo (SAN), said the first money he collected on Emefiele’s behalf was $400,000 which his assistant, John Adetola, came to collect at his house in Lekki, Lagos State.

He further told the court that the second bribe of $200,000 was collected at the headquarters of CBN, at the Island office.

He said the money was brought in an envelope, adding that when the delivery person, Victor, was on the bank’s premises, he contacted Emefiele, who insisted on receiving the package directly from Ayoh without involving third parties.

He said when he went to deliver the package, he saw many bank CEOs waiting to see the former apex bank governor.

When questioned if he had ever been involved in any criminal activity, he responded in the negative but admitted that he had facilitated the commission of crime unknowingly.

“I believe I did admit in my statement that I was forced to commit the crime. I don’t know the exact word I used in my statement, but I said we were all forced with tremendous pressure to bend the rules,” he said.

When asked if he opened the envelopes he collected on the two occasions and counted the money to confirm the amount, he was negative in his reply, adding that he did also write in his statement that the money was given to influence the award of contracts.

On whether the EFCC arrested him, the witness said he was invited on February 20, 2024, and returned home after he was granted bail.

Earlier, Emefiele asked the court to quash counts one to four and counts eight to 24 against him, as the court lacks the jurisdiction to try him.

Speaking through his counsel, Ojo, he said counts one to four were constitutional matters, which the court lacked the jurisdiction to determine.

In his argument, citing Sections 374  of the Administration of Criminal Justice Act and 386(2), the defence counsel told Justice Rahman Oshodi that Emefiele ought not to be arraigned before the court on constitutional grounds.

He, therefore, urged the court to resolve the objection on whether the court had the jurisdiction to try the case or not.

The second defendant’s counsel, Kazeem Gbadamosi (SAN), also relied on the submissions of Ojo.

The EFCC counsel, Oyedepo, however, objected, as he asked the court to disregard the decision of the Court of Appeal relied upon by Ojo, saying that the Court of Appeal could not set aside the decision of the Supreme Court on any matter.

Ruling on the submissions of the counsel, Justice Oshodi said he would give his decision on jurisdiction when he delivered judgment as he adjourned till May 3.

He also directed the EFCC to serve the defence proof of evidence on witness number six and his extrajudicial statement.

 

 

Continue Reading

Trending