The Court of Appeal has dismissed the motion filed by Justice Walter Onnoghen seeking for stay of proceedings of his trial at the Code of Conduct Tribunal.
Justice Walter Onnoghen, had last Tuesday filed a suit against the Federal Government on his arraignment and suspension from office and subsequent swearing in of an acting chief justice.
The appeal was filed before the Court of Appeal by his lawyers: Wole Olanipekun (SAN), Adegboyega Awomolo (SAN), Kanu Agabi (SAN) and James Onoja.
Recall that embattled Onnoghen was suspended by President Muhammadu Buhari following an ex parte order issued by the Code of Conduct Tribunal (CCT).
He based his appeal on the fact that he was not given a fair hearing by the CCT before the order to swear-in Justice Tanko Muhammad was issued. He also questioned the powers of the CCT to do so.
The appeal read in part, “The chairman and a member of the Code of Conduct Tribunal erred in law and violated the right of the appellant (Onnoghen) to a fair hearing when they made the order ex parte that he (Onnoghen) shall step aside as CJN and Chairman of the National Judicial Council over allegations of contravening provisions of the Code of Conduct and Tribunal Act Cap C15 Laws of the Federation 2004 pending the determination of the motion on notice dated January 10, 2019.”