The National Industrial Court, Abuja, has dismissed the suit
opposing the trial of former Chief Justice of Nigeria ( CJN),-Justice Walter
Onnoghen before the Code of Conduct Tribunal (CCT).
Peter Abang, the claimant who is also a lawyer, had
instituted the suit challenging the jurisdiction of the CCT in prosecuting
Onnoghen.
At the resumed sitting of the suit on Tuesday, slated for
hearing of pending applications, the counsel to the claimant, Mr Kingsley
Ewurum informed the court that he had filed a notice of discontinuance of the
suit.
He said the application was seeking an order of the court to
discontinue the matter. therefore urging the court to strike out the suit in
regards to the circumstance that events had overtaken the matter.
Ewurum further said proceeding with the matter would be mere
academic exercise.
When counsel to the first defendant, Mr. Abdullahi Abubakar
was asked if he had an objection to the application, he, however, said he had no
objection, but he urged the court to dismiss the suit as against the proposed
striking out the suit.
Abubakar gave his reason that the defendants had joined
issues with the claimant.
He also urged the court to award substantial cost because
they had filed their defence.
The claimant’s counsel in respond argued that issues had
not been joined and he further stated that the rules of the court allowed the party
at any time or stage of proceedings to discontinue with his case.
The judge, Justice Sanusi Kado, in his ruling said ” in the
case at hand, having regards to the processes filed so far, it is clear that
the claimant has joined issues with the first defendant”
Kado added that in line with Order 61, Rule 7 of the NICN
proceeding of 2017, that the parties had joined issues.
He concluded by saying ” in the circumstance, this suit is
hereby dismissed. I make no order as to cost”.
Onnoghen having stood trial at the Code of Conduct Tribunal,
the action nullified the suit instituted to challenge the jurisdiction of the
Tribunal.
Joined as co-defendants in the suit were Code of Court
Bureau (CCB), CCT Chairman, Danladi Umar, Office of the Attorney-General of the
Federation and the National Judicial Council (NJC).
Others are are the Federal Judicial Service Commission, the
Inspector-General of Police and the Senate President, Bukola Saraki.
On April 18, the CCT has convicted Onnoghen,68, and ordered
his immediate removal from office as the CJN.
The Tribunal also stripped him of all offices earlier
occupied, such as the Chairman of the National Judicial Council and also the
chairmanship of the Federal Judicial Service Commission.
The tribunal also ordered the forfeiture of the five
accounts which defendant failed to declare as part of his assets.
The tribunal also ordered the forfeiture of the money in the
five accounts which Onnoghen failed to declare to the Federal Government.
Three punishments were imposed on him as the sentence for
his offences as charged.
Although Onnoghen had been on suspension since January 25,
2019 and had reportedly resigned on April 4, the tribunal ordered his removal
from office as the Chief Justice of Nigeria and also as the chairman of both
the National Judicial Council and the Federal Judicial Service Commission.
Reading the judgment, Umar, also ordered the forfeiture of
the funds in the five bank accounts which the defendant was said to have failed
to declare as part of his assets in breach of the Code of Conduct for Public
Officers.
Onnoghen was convicted on the six counts preferred against
him.
Specifically, the Federal Government, acting through the
Code of Conduct Bureau, had, in the charges filed on January 11, accused
Onnoghen in the first count of failure to declare his assets to the bureau
between June 2005 and December 14, 2016.
(NAN)
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