24 April 2019

Nigeria: Why My Appeal Against CCT Judgment Is Being Delayed - Onnoghen

The immediate past Chief Justice of Nigeria, Justice Walter Onnoghen, has said that the non-release of the judgement of the Code of Conduct Tribunal that found him guilty of breach of Code of Conduct rules for public officers is delaying the proper filing of his appeal against the judgement.

Chairman of the tribunal, Mr Danladi Umar, had last week convicted Justice Onnoghen for non-declaration of his assets and also barred him from holding public office for 10 years.

Few hours after the judgement was delivered, Justice Onnoghen approached the court of appeal, Abuja division to file a notice of appeal against the judgement.

Counsel to the retired CJN, Chief Adegboyega Awomolo, SAN, in a telephone interview with LEADERSHIP, said their inability to get a copy of the judgement since the day it was delivered is making it difficult for them to pursue the notice of appeal already before the court.

"We've not been able to get a copy of the judgement. Until we are able to get it, we can't pursue our appeal. We need to transmit the record to the appeal court from the tribunal and until that is done, we can do anything as regards the appeal," he said.

Last week, the embattled former CJN, approached the Court of Appeal, Abuja Division, to set aside the judgement of the Code of Conduct Tribunal, CCT, which convicted him of non-declaration of his assets.

In his appeal, filed shortly after the tribunal judgement, the retired CJN raised 16 grounds of appeal.

In the appeal, he said the tribunal erred in law when it dismissed the motion challenging the jurisdiction of the tribunal and therefore occasions miscarriage of justice.

Awomolo said the tribunal erred in law and acted out of jurisdiction when it ordered that the assets of the appellant be confiscated and therefore occasioned miscarriage of justice.

He asked the court to set aside the judgement of the tribunal and declare that the tribunal lacks the powers to entertain the case.

No fate has been fixed for the hearing of the appeal.

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