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How Onnoghen’s judgments affirmed CCT’s powers

- The embattled Chief Justice of Nigeria might have contributed to powers used by the CCT in his trial

- Justice Walter Onnoghen in various judgments have upheld the provisions of the law concerning the CCT are clearly unambiguous

Some judgments given by the Chief Justice of Nigeria, Walter Onnoghen, could have contributed to the power currently being wielded by the Code of Conduct Tribunal (CCT) in trying his case before it.

A suit has been filed against the chief justice at the CCT by the Federal Government over non/ partial declaration of his assets before assumption of office.

In his defence, Onnoghen is challenging the jurisdiction of the CCT to try him for the charges levelled against him by the FG.

Counsels representing the CJN have argued that the allegations against Onnoghen should be decided by the National Judicial Council (NJC) before handled by any other court.

However, it may be recalled that Onnoghen in one of his judgement delivered on July 12, 2013, he held that the CCT had exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code of Conduct Bureau.

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The Nation reports that the CJN also held that the provisions “expressly ousted the powers of ordinary regular courts in respect of such violations.”

In a case between Ismaeel Ahmed and Nasiru Ahmed, Congress for Progressive Change (CPC), CPC Kano State Chapter chairman and the Independent National Electoral Commission (INEC).

Onnoghen while interpreting Paragraph 12 of the Fifth Schedule of the 1999 Constitution (as amended) as regards CCT’s jurisdiction held that, "…the said paragraph 12 provides as follows: ‘Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau."

The judgement delivered at the Supreme Court with suit number: SC.279/2012 before Justices Onnoghen, Christopher Mitchell, Chukwuma-Eneh, Olabode Rhodes-Vivour, Clara Bata Ogunbiyi and Kumai Bayang Aka’ahs, also held that the provisions of the law are clearly unambiguous.

Onnoghen said that the provisions are, "so construed literally meaning that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall, (meaning that it is mandatory i.e. must) be made to the Code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code."

“If I may emphasise, any violations shall be made to Code of Conduct Bureau. The provisions have made it mandatory to take any matters so covered by the 5th schedule (supra) to the Code of Conduct Bureau and not to any ordinary regular Courts as has been done in this instance.

“If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

“The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

He had also added that to tackle any violation of the Code starts before the Code of Conduct Bureau Tribunal to the Court below on appeal and on a further appeal therefrom to this Court.

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“As can be seen, the lower Court exercises appellate jurisdiction over the Code of Conduct Tribunal and no more," Onnoghen held.

Also in a similar judgement, between Ahmed V. Ahmed & Ors (2013) Lpelr-21143(SC), the CJN in his contributory remarks said that in the breach of public conduct, it is the contention of the appellants that the initiation of the appeal process is in violation of the Paragraphs of the 5th Schedule thereby rendering the actions so taken and the processes null and void.

Onnoghen said: “The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?

“The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters," he added.

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Meanwhile, Legit.ng previously reported that the federal government has ordered the Nigerian Financial Intelligence Unit (NFIU) to freeze all bank accounts belonging to CJN Onnoghen.

A letter to that effect through the attorney general of the federation and minister of justice, Abubakar Malami, was dated January 14.

It was signed by one Abiodun Aikomo and received by the NFIU on the same date.

NAIJ.com (naija.ng) -> Legit.ng. We have upgraded to serve you better.

Onnoghen's Trial is Politically Motivated - APRJ | Legit TV

Source: Legit.ng



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