An Appeal Court in Abuja has dismissed a suit filed by the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, seeking a stay of execution on his on-going trial at the Code of Conduct Tribunal.
Ruling on the matter, Justice Abdul Aboki rejected the appeal, saying that the injunction is spent and the case at the CCT can continue.
The appellate court held that Justice Onnoghen’s application runs contrary to section 306 of the Administration of the Criminal Justice Act 2015 (ACJA).
Justice Aboki who read the lead ruling cited a case of Dr Bukola Saraki in which Justice Onnoghen himself at the Supreme Court declined to stay trial of Saraki on the same ground that section 306 of the new law, did not permit the stay of criminal trial.
The Appeal Court said that there were no special circumstances under which the prayer of Onnoghen could be granted in the appeal argued on his behalf by his lawyer Mr Wole Olanikpekun.
The Code of Conduct Tribunal had on January the 14th ruled to hear all motions that arose in the charges against Onnoghen together and give a decision on the motions.
But Onnoghen, having been dissatisfied with the decision of the tribunal to hear all motions approached the court of appeal to set aside the decision of the tribunal.
His appeal was predicated on the ground that the issue of jurisdiction raised against his trial ought to be resolved one way or the other first before any other motion could be entertained.