By Chukwuemeka Njoku, Abuja
Following continued refusal of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen to appear at the Code of Conduct Tribunal to answer a 6-count criminal charge filed against him by the Federal Government, the chairman of the tribunal, Hon. Umar Danladi, has ordered his arrest.
In a ruling on Wednesday, upon an application for a bench warrant made by the prosecution counsel, Aliyu Umar SAN, against the embattled CJN, the Code of Conduct Tribunal, ordered security agencies in the country to arrest Onnoghen, and produce him for trial on Friday.
Specifically, the CCT ordered the Inspector General of Police and the Director General of the Department of State Service, DSS, to execute the arrest warrant and ensure that Justice Onnoghen was brought before the panel on January 15.
The prosecuting team had made an oral application at the resumed hearing of the charges of non-asset declaration filed by the FG against Onnoghen, wherein he sought for issuance of a bench warrant against the CJN.
Umar predicated his application on section 6(1) of the Practice Direction of the CCT.
More so, he vehemently opposed the plea by the lead defence counsel, Chief Adegboyega Awomolo (SAN), to hear all pending applications.
Umar had insisted that by virtue of section 396(2) of the Administration of Criminal Justice Act 2015, no objections could be raised by the defendant until he takes his plea.
According to the FG lawyer, having not taken his plea, Onnoghen’s objection could not be heard.
However, counsel to the embattled CJN, Chief Adegboyega Awolowo, SAN, urged the tribunal to refuse the application and proceed with hearing Onnoghen’s motion challenging the jurisdiction of the CCT and legal competence of the charge against him.
Awomolo further relied on section 35 and 36 of the 1999 Constitution, as amended, to argue that the tribunal ought to first determine the issue of its integrity and impartiality, before proceeding with the trial.
Besides, he argued that the presence of the defendant was not mandatory during hearing of an objection to the charge, adding that the Mr. Danladi Umar led tribunal earlier adjourned to hear all the pending applications.
“The defendant is entitled to fair trial and fair hearing and the constitution has mandated that he must be afforded every facility to establish his innocence.
“A criminal trial is a serious matter that affects the liberty of a citizen.
“The application that the tribunal should issue a bench warrant is persecuting by the prosecution.
The tribunal is urged to preserve the defendant’s rights” Onnoghen’s counsel argued.
