The Code of Conduct Bureau (CCB) has now served the Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen, the criminal charges on false asset declaration in person, in preparation for his arraignment on January 22, 2019, at the Code of Conduct Tribunal (CCT).
As earlier reported, a clerk of the Tribunal, after being queried by the Chairman, Danladi Umar, during the hearing on Monday, January 14, 2019, confirmed that the charge against CJN had been received on behalf, by his personal assistant identified as Sunday O. Osai.
It was later agreed that another service in person, will be effected as service by proxy is not allowed by law.
However, the CCT is reportedly still dealing with orders of a Federal High Court and National Industrial Court both in Abuja, which are holding it from proceeding with the arraignment pending the determination of two different suits before them.
PRNigeria reports that a trustworthy source stated that the order of the two courts may not be binding on the tribunal seeing as they are courts of coordinate jurisdiction which according to law have same powers.
The source also revealed that the charges were served to CJN in person on Monday 14, January 2018 by 3.30pm in his office at the Supreme Court of Nigeria, Abuja.
It was also gathered that Justice Onnogen, personally received the charges and signed for it as is the requirement before he can be properly arraigned at the Code of Conduct Tribunal.
With proof of the service of charge, the Buhari Government is free to formally arrign Justice Onnoghen on January 22, 2019 before Justice Danladi Yakubu Umar.
You will recall that the CJN was set to be arraigned on Monday, January 14, but he had been absent on the grounds that the conditions required for his appearance in court, had not been carried out lawfully.
Legal luminary, Chief Wole Olanipekun (SAN), leading an entourage of Senior Lawyers in the CJN’s defense, told the tribunal that his client was absent from the trial because he was yet to be served with the charges against him as per the requirements of the law.
Olanipekun also informed the three-man tribunal that the CJN has questioned the tribunal’s jurisdiction over his case, adding that the 6 count-charge is incompetent in law.
The grounds of objection by the CJN is due to the fact that, as a serving judicial officer, he can only be tried and punished for any offence committed, by the National Judicial Council, a body which was empowered by the 1999 Constitution to deal with judicial officers without the option of referring to any court of law.
Despite the fact that lawyer representing the Federal Government, Alhaji Aliyu Umar (SAN), had asked to know why the CJN was absent in court, the Tribunal Chairman, Justice Umar, ordered the prosecution to serve the charge to Justice Onnoghen directly as is required by law.
The Tribunal Chairman also said that, although the charge was reportedly served to the personal assistant as CJN’s proxy, there was no proof that the charge was passed on to Justice Innoghen.
As earlier reported, the Federal Government filed criminal charges against the CJN on the grounds of his alleged failure to declare his asset as a substantive CJN, as is required by the law.
Also, the Federal Government has reportedly employed the services of a former Commissioner of Justice in Kano State, Aliyu Umar, to head their team of prosecutors.
You might recall that Umar was the prosecutor during the trial of Senate President, Bukola Saraki as well as his deputy, Ike Ekweremadu, before an FCT High Court.
The SANs on the CJN defence team include Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi, Chris Uche, Yusuf Ali, Garba Tetengi, Effiong Offiong, Kehinde Ogunwumiji, Paul Erokoro, Tawo E Tawo and Victoria Awomolo.