PIC 3. Chief Justice of Nigeria (CJN), Justice Walter Onnoghen taking oath of office before the Acting President Yemi Osinbajo at the Presidential Villa in Abuja on Tuesday (7/3/17)
01860/6//7/3/2017/Callistus Ewelike/NAN
The Court of Appeal has dismissed the Chief Justice of Nigeria, Justice Walter Onnoghen‘s suit for a stay of proceedings in his trial at the Code of Conduct Tribunal.
Premium Times reports that the court ruled that Onnoghen’s suit “was brought in a vacuum,” without a proper backing of legal provisions why it should have been granted.
Onnoghen had approached the court, arguing the CCT had no jurisdiction to preside over the case.
The 3-judge panel led by Justice Abdul Aboki ruled that the appellate lacked the power to stay proceedings in criminal cases, going by the provisions of the criminal justice act, TheCable reports.
“A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” Aboki said.
Justice Aboki subsequently rejected the application for stay of proceedings at the CCT.
“Matter is hereby adjourned till Tuesday. Motions to be taken,” said Justice Abdul Aboki regarding Onnoghen’s application challenging the jurisdiction of the CCT on the case.
“The above stated decision is an adjournment for motions filed by the two parties,” the appeal court ruled.
This means the CCT can now continue the trial of the CJN.
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