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A’Court Orders CCT To Suspend CJN’s Trial …Fixes Jan 30 To Rule On Onnoghen’s Appeal …It Is Victory For Democracy, Rule Of Law -Stakeholders
The Abuja Division of the Court of Appeal, yesterday, ordered the Code of Conduct Tribunal (CCT), to stay further proceedings on the six count charge the Federal Government preferred against the Chief Justice of Nigeria, Justice Walter Onnoghen.
The appellate court ordered the Danladi Umar-led tribunal to temporarily hands-off the matter till January 30, a date it fixed to deliver ruling on an appeal the embattled CJN lodged before it.
A three-man panel of Justices of the appellate court led by Justice Abdul Aboki, gave the order after it listened to counsel to the CJN and that of the Federal Government, regarding what transpired at the tribunal last Tuesday.
When the matter was called up, counsel to the CJN, Chief Wole Olanipekun, SAN, who led 18 other Senior Advocates of Nigeria, traced the history of the case for the appellate court panel.
Olanipekun told the appellate court that the Federal Government had on January 11, through the Code of Conduct Bureau (CCB), commenced what it termed as investigation of information contained in the assets declaration forms that were submitted by the CJN.
He said: “My Lords, on that same day, the charge was filed before the CCT. By the next Monday being January 14, the tribunal issued a summons for the Appellant to appear. On that same day, the Appellant filed an appeal to challenge jurisdiction of the tribunal.
“Likewise, the Respondent, on the same day, filed a motion asking the Applicant to step aside from office pending the determination of the substantive trial and for President Muhammadu Buhari to be compelled by the tribunal to swear in the most senior jurist of the Supreme Court as the acting CJN”.
He said in view of the development, the tribunal, on January 14 which was the first day the case came up before it, ruled that it would take both the applications by the CJN and that of Federal Government together.
Olanipekun said the CJN, who was dissatisfied with the decision of the tribunal, promptly filed a motion before the appellate court on January 18, as well as adduced eight exhibits to show why his motion and that of the prosecution should not be heard the same time.
In the said motion, the CJN prayed the appellate court to stay further proceedings in respect of charge No.CCT/ABJ/01/2019, pending against him before the CCT.
He urged the court to suspend further action on his trial, pending the determination of his appeal.
Olanipekun told the appellate court that regardless of four separate court injunctions that stopped further action on the matter pending determination of legal issues surrounding both the competence of the charge and jurisdiction of the tribunal to entertain same, the CCT Chairman, in a ruling last Tuesday, insisted on proceeding with the trial.
He told the court that aside Umar’s position that the CCT was not bound by orders from both the high court and the National Industrial Court, he equally refused to temporarily hands-off the matter to await the outcome of the CJN’s appeal.
More so, Olanipekun noted that the same tribunal had in the case involving Justice Sylvester Ngwuta of the Supreme Court who was also slammed with non assets declaration charge, held that its hands were tied by virtue of an appeal the defendant lodged to challenge its jurisdiction.
Olanipekun alleged that over 48 hours after the tribunal gave its ruling, it had yet to furnish the Applicant with a copy despite a letter that was written on behalf of the CJN.
He said the Supreme Court had previously held that in situation where an Applicant failed to adduce a copy of a contentious ruling, the appellate court, was at liberty to admit affidavit evidence, as well as certified newspaper publications on the subject matter in dispute.
He said the CJN’s motion to temporarily halt further proceedings at the CCT was to avoid the foisting of a state of fait-accompli (helplessness) on the Appeal Court and thereby render his appeal nugatory.
Olanipekun further drew attention of the appellate court panel to the fact that both the CCT and its Chairman are parties in all the pending cases.
“We are urging my lords to protect the ‘Res’ of this matter which is not only about the office and position of the CJN, but about the judiciary and the constitution. The Res in this matter is serious and very unique.
“There is a threat to the institution of the judiciary and the ruling of the tribunal further compounded the already existing conundrum.
“The sanity and sanctity of the legal profession and the judicial process is at stake. We want to plead your Lordships to accede to our request and order stay of proceedings at the Code of Conduct Tribunal and also order accelerated hearing of the appeal.
“I dare submit that there cannot be two kings in the palace. The court of appeal has been seized of the matter and yet that tribunal want to proceed on Monday.
“The urgency of this situation deserves an intervention of your lordships”, he pleaded.
Meanwhile, on his part, Federal Government’s lawyer, Mr. Oyin Koleosho, urged the appellate court to dismiss the CJN’s application.
He argued that it was within the discretion of the tribunal and not the Federal Government to decide whether or not the trial should be temporarily suspended.
“It is not within the powers of the Respondent to on its own, stay proceedings. It is the exercise of discretionary powers of the tribunal.
“Exhibit A to A4 attached to the Applicant’s further affidavit clearly indicated that the tribunal adjourned to hear the application challenging its jurisdiction.
“This exhibit equally shows that the adjournment at the tribunal was at the instance of this Applicant who sought for time to file his response.
“There is nothing before this court to show that the application challenging jurisdiction of the tribunal and the one asking him to step aside were adjourned together.
“The exhibit will show that the tribunal adjourned to hear the motion challenging its jurisdiction.
“If an order of stay of proceeding is granted, how then can the tribunal take that motion challenging its jurisdiction?
“It is our position that even if this appeal succeeds, it cannot terminate the charge against the Applicant or the proceeding before the lower tribunal.
“The success of the instant appeal will be of no utilitarian value to the Applicant. Therefore this appeal should not be the basis for granting a stay of proceeding.
“In conclusion, we urge your Lordships to dismiss this application”, Federal Government’s lawyer added.
After it had listened to both sides, the appellate court panel adjourned for ruling, even as it ordered stay of proceedings at the CCT.
“Ruling on this appeal is hereby adjourned till January 30, meanwhile the tribunal should suspend the proceeding before it pending the ruling”, Justice Aboki held.
It will be recalled that the CCT had in a two to one split decision, adjourned till next week Monday to continue with trial of the CJN with hearing of all the pending applications.
Whereas the Chairman of the tribunal, Umar, relied on section 306 of the Administration of Criminal Justice Act, 2015, to reject the CJN’s motion for staying of proceedings to await the outcome the appeal, a second member of the panel, Mr. William Agwadza Atedze, relied on section 287(3) of the 1999 Constitution, as amended, and plethora of Supreme Court decided cases, to insist that the CCT was under obligation to respect the four interim injunctions that restrained all the parties, including the tribunal, from taking further steps in the matter.
Atedze noted that all the cases upon which the interim injunctions were granted, bordered on whether or not the CCT has the requisite jurisdiction to try the CJN on the strength of allegations FG levelled against him.
The Federal Government had in the six-count charge it lodged at the CCT, alleged that the CJN filed to declare his assets as prescribed by the law, as well as maintained foreign bank accounts.
Meantime, the opposition political parties under the aegis of the Coalition of United Political Parties, yesterday, lauded the Court of Appeal for restraining the Code of Conduct Tribunal from proceeding with hearing in the false assets declaration suit filed against the Chief Justice of Nigeria, Justice Walter Onnoghen.
The first national spokesperson of CUPP, Imo Ugochinyere, made the position of the opposition parties known in a statement made available to journalists in Abuja.
Ugochinyere described the verdict as a victory for democracy and the rule of law.
He said the opposition parties stood for the independence of the judiciary and would fight to protect such sacred institutions from being destroyed.
The statement read, “The Coalition of United Political Parties received with joy the news of the ruling of the three-man panel of the Court of Appeal which sat in Abuja and restrained the Danladi Umar-led Code of Conduct Tribunal from continuing with the trial of the Chief Justice of Nigeria pending the determination of the main motion.
“The opposition sees the ruling as victory for democracy and rule of law and a fatal blow to the All Progressives Congress political barbarians who are desperate to annex the Supreme Court to the list of their already destroyed national institutions.
“We advise APC to build a private court for their members as the Nigerian court cannot be intimidated to submit to the leadership of the outgoing ruling party.
“The opposition coalition stands for the independence of the judiciary and will fight with the last drop of its blood to protect such sacred institutions from being destroyed.”
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Arson: Those Behind It’ll Account For Atrocities -Fubara …Swears In Bipi, Three Others As Commissioners
Rivers State Governor, Sir Siminalayi Fubara, has said that his administration will not fold its hands and watch sponsored political thugs run berserk, committing arson in the State.
The Governor, therefore, assured that, working with the Nigerian Police Force and the Directorate of State Services (DSS), measures will be taken to unravel those behind the recent burning of council Secretariats at Ikwerre, Emohua and Eleme Local Government areas, with a view to making them account for their atrocities.
Governor Fubara gave the assurance while swearing in four new commissioners into the Rivers State Executive Council at Government House in Port Harcourt yestersday.
Those sworn in are Hon. Israel Lebura Ngbuelu, PhD; Hon. Evans Bapakaye Bipi; Barrister Otamiri John Ngubo; and Hon. Barrister Benibo Anabraba.
Governor Fubara recalled mentioning when he sworn-in newly elected Local Government Councils’ Chairmen on 6th October, 2024, that there was intelligence on planned mayhem by misguided persons, who had threatened to prevent the elected officers from resuming duties.
True to it, Governor Fubara said, the sponsored political thugs hatched their plans, and burnt valued buildings at some council secretariats.
He said, “I said it before it happened. I knew because they were unhappy, they would go extra miles to create disaffection in the minds and hearts of the good people of Rivers State.
“We want to also let the people know that what has happened (arson) after the election, we are not going to allow it to go uninvestigated.
“A similar event had happened in this manner before, and after some weeks, some of our supporters were declared wanted in order to turn the story around.
“But this time around, I strongly believe, with the support and cooperation of the Nigerian Police and the Directorate of State Services (DSS), we will unravel those behind the assault and make sure that they account for their atrocities.”
Governor Fubara expressed appreciation for the show of patience and calmness by majority of Rivers people despite the fact that they are angry with the reckless acts of the misguided miscreants.
The Governor said he has continued to show leadership, provided the climate that has engendered productive endeavours, and will not mislead those he is leading.
“As your leader; the one steering the ship, I assure you I will not mislead anyone of you. I still stand on the path of peace. We have cases of arson in some local government areas.
“But, I appreciate your calmness. I have always maintained that we are going to be the greatest losers, if we meet them force-for-force. We need to go with peace.
“So, I will encourage everyone of you not to follow them with violence. We are carrying a basket of precious eggs in our hands. So, we need to follow them with carefulness and wisdom.”
Governor Fubara reiterated what he said the previous day on what should matter most for Rivers State, which is a firm support to ensure that the progress of Nigeria is sustained.
He said, if oil theft is not checked, the country’s economy will be badly impacted, and there will not be funds to address critical issues.
“We are in a situation where the fund that is being generated from oil production is not sufficient to tackle the challenges of Nigeria, and every hand has to be on deck to make sure that there is increase in production.
“Our focus here, not minding the distractions, will be how to provide support. You have to work with us to make sure that we curb this issue of oil theft and pipeline vandalisation.
“This is the only way that the allowances (revenue) will increase and more will also come to our State, and more progress will also be achieved in this State.”
Governor Fubara explained that his administration is doing a lot for the good people of the State, that are not being seen because of the political drama that takes their attention away.
He, however, said that his administration is working out modalities, and will soon choose a day, which could probably be before the end of October, 2024, to showcase a few projects and services that have positively impacted lives in the State.
Governor Fubara congratulated the newly sworn-in commissioners for making it into the Rivers State Executive Council.
He explained that more persons whose loyalty are for Rivers people and the administration needed to be admitted into the Rivers State Executive Council to help drive the policy of government because they will not resign their appointment.
Governor Fubara said: “We want to be sure, at this point, who we are adding into the Council, so that we will not wake up one morning and see resignation letter. So, we are taking our time.
“And usually, after a normal political period, there used to be what we call balancing. So, I can also say that the new Commissioners that are coming in are coming from their zones to also balance the political equation.”
Governor Fubara charged them to be dedicated, forthright, diligent and productive while rendering quality services to the State.
The Governor said he believed in their capacity to deliver because of their exposure to the workings of government, and expressed the hope that they will contribute positively to the success of the administration.
He said, “So, let me thank everyone of you. Let me also use this opportunity to thank the good people of Rivers State for their support, and to assure them that we will continue to defend, protect the interest of Rivers people.
“I want to thank everyone of you for your support, more especially before, during and after the elections. I appreciate your doggedness, your belief in our course to salvage this State, to protect the integrity of this State,” he added.
Head of Civil Service of the Federation (HoCSF), Mrs Didi Walson-Jack, has sought media support to fast-track the implementation of the ongoing reforms in the civil service sector.
Walson-Jack made the request during a cocktail organised by her office for media executives from different organisations in Abuja.
The event, according to her, aimed at interacting with the media men one-on-one, appreciate them and implore them to continue to strengthen the bond with the office.
“I want to start by thanking each and everyone of you for honouring this invitation. I want to say that we purposely designed this grail cocktail so that we can have one-on-one interactions.
“Let me also go ahead to thank you for all the supports you have given to the Office of the Head of the Civil Service of the Federation (HCSF) in the years past I know that the Fourth Estate of the realm has always supported this office.
“I will also go ahead to thank you for your support, especially at my announcement as the HoCSF and that support has continued, up till date.
“We, therefore, thought it fit that we should organise this event just to interact with you to strengthen the bond that this office has with the media, “ she said.
The HoCSF recalled that her office had continued with programmes she met on ground upon assumption of office, especially the ongoing reforms on Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025).
She, therefore, appealed to the media for continuous reportage on the initiative, so as to give it the necessary publicity for proper dissemination to the citizens.
“You will recall that the office has the Federal Civil Service Strategy and Implementation Plan (FCSSIP- 2022 to 2025) and that is the plan that we are still driving.
“We want to request that you collaborate more with us, we are asking that the friendship, the partnership go beyond what it is now to ensure that the reforms which this office is driving get the full publicity it requires,” she said.
Walson-Jack used the medium to announce the preparation to re-introduce the civil service national anthem officially for the entire civil servants to recite at every national programme.
“The anthem has been re-introduced to drive the reforms and it’s expected that the anthem will be sung by all federal civil/public servants and indeed Nigerians.
“And it will be an anthem that will encourage every public servants to be efficient, productive, incorruptible and citizen-centred, “ she added.
Participants at the event congratulated Mrs Walson-Jack for her uplifting to the position of the HoCSF and pledged to continue in the relationship.
In a response, Mr Ephraims Sheyin, Editor-in-Chief, News Agency of Nigeria (NAN), pledged the agency’s readiness to give the HoCSF the needed support.
According to him, supporting government policies has always been NAN’ priority as government’s owned media organisation.
“You can take it for granted that we are going to give the Office total support. It is part of our own mandates to support Federal Government policies, so we are going to do that fully for the head of service.
“As she said, she has her policies which are in tandem with the federal government policies, she is asking for the support in implementation of the Federal Government policies.
“She has very lofty ideas, she has lofty things that she believes that we should do. Our job is to make sure that whatever government wants to do, we have to support such policies, “ he said.
Speaking in the same vein, Mrs Halima Musa, Director News, NTA, assured her office’s partnership with the Head of service towards ensuring communicating the needed values on excellence, incorruptibility and new culture of efficiency to the public.
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LG Polls: Rogue Policemen Break RSIEC Gate, Strong Room To Steal Electoral Materials …Fubara Foils Attempt To Cart Away Materials
Rivers State Governor, Sir Siminalayi Fubara has foiled an attempt by the Nigerian Police, led by the Deputy Commissioner of Police (Operations), to take over the Rivers State Independent Electoral Commission (RSIEC) at 1am on Friday, 4th October, 2024.
The rogue policemen were said to have attempted to scale through the gates and strong room of the Commission to cart away sensitive Electoral materials meant for the conduct of Saturday’s local government election in the State.
The deployment was said to have been ordered by the Inspector-General of Police.
However, the evil plots of the rogue policemen and DC Ops were botched when vigilant security officials alerted principal officers of the Commission and relevant government authorities, who immediately informed the Governor of the development.
The Governor immediately led a team of government officials, lawmakers from the National Assembly and State House of Assembly, top political stakeholders, and other leaders to storm the facility.
Addressing newsmen in front of RSIEC Office on Aba Road in Port Harcourt, after an encounter with the rogue policemen, the State Governor, Sir Siminalayi Fubara condemned the conduct of the policemen on illegal duty, saying that the IGP was taking his friendship with some Abuja-based politicians too far.
He restated the position that the attempt to surreptitiously withdraw policemen already deployed to protect the facility, and replace them with a detachment from a neighbouring State was unacceptable.
He reminded the IGP that local government election was the internal affairs of states, and advised him to allow the federation unit conduct its affairs without interference.
At present, the Chief of Staff, the Speaker of the Rivers State House of Assembly, and State and National Assembly members, alongside other stakeholders, are manning the RSIEC office to ensure that the rogur policemen in two trucks and two Hilux vehicles do not return and that elections will go ahead as scheduled on Saturday.