The Code of Conduct Tribunal (CCT) has re-fixed the arraignment of Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to Jan. 22.
The change of date for Onnoghen’s arraignment followed argument by the defence counsel that the CJN was not properly served.
Lead prosecuting counsel, Mr Aliyu Umar (SAN), conceded that Justice Onnoghen, was not properly served with the summons to appear before the CCT in Abuja on Monday.
Umar conceded that the CJN was not personally served with the charges and the court’s summons as required by the law.
He, therefore, requested the three-man tribunal led by Danladi Umar to direct a fresh service on the CJN.
TheNigerialawyer reports that Onnoghen was absent from Monday’s proceedings scheduled for his arraignment before the CCT on charges of non-declaration of his assets.
TheNigerialawyer also reports that 47 Senior Advocates of Nigeria and 55 senior lawyers represented the CJN at the tribunal.
The tribunal chairman upon inquiry about Onnoghen’s absence from court, discovered from the defence team, led by Chief Wole Olanipekun (SAN), that the CJN needed not to be present having filed a motion to challenge the tribunal’s jurisdiction.
Olanipekun said he and other defence lawyers only appeared in court in protest against the jurisdiction of the tribunal.
Desmond Yamah announces appearance for NBA as an interested party. Tribunal Chair says you are either for Prosecution or Defence..tells him he cannot be on the Record. Mr Yamah insists on being on the Record but Chair overrules him.
He also said from the account given by the court official earlier in the proceedings, the CJN was not served with the charges and summons personally, but through his aide.
Olanipekun insisted that the law requires that the defendant be personally served.
But the prosecuting lawyer said the law only requires the defendant to be aware of the pending charges, and that it was the CJN’s choice to ask his aide to receive the charges and summons on his behalf.
After series of argument which lasted for about 45 minutes, the prosecuting counsel conceded that the service of the charges and the summons ought to have been personally served on Onnoghen.
“By what the registrar has said, although the defendant was the one who directed his personal assistant to accept service on his behalf and what the law says is that he must be personally served.
“We agree that that the service should be properly done. The processes should be served personally on him.
“If, after the service is done, and the defendant is not present, we can then argue whether or not he needs to be present on the grounds that he has filed a motion challenging the jurisdiction of the court.”
*See the names of the 47 SENIOR ADVOCATES THAT APPEARED FOR ONOGHEN, Nigeria’s CJN, at the CCT today — 14/01/2019. *
LIST OF COUNSEL OF THE DEFENDANT/ APPLICANT
1 CHIEF WOLE OLANIPEKUN SAN
2 CHIEF ADEGBOYEGA AWOMOLO SAN
3 KANU AGABI SAN
4 YUSUF ALI SAN
5 CHIEF BAYO OJO SAN
6 DR. ALEX IZIYON SAN
7 CHIEF CHRIS UCHE SAN
8 LUCIUS O. NWOSU SAN
9 CHIEF ASSAM ASSAM SAN
10 ADEBAYO ADELODUN
11 PAUL EROKORO SAN
12 S.I. AMEH SAN
13 R.A. LAWAL-RABANA SAN
14 CHARLES AJUYAH SAN
15 CHIEF SEBASTINE HON SAN
16 NELLA ANDEM-RABANA SAN
17 CHIEF CHUKWUMA EKOMARU SAN
18 OKON EFUT SAN
19 J.U.K. IGWE SAN
21 ROTIMI OGUNESO SAN
22 MOGAJI A. MAHMOUD SAN
23 OGWU JAMES ONOJA SAN
24 AKINLOLU KEHINDE SAN
25 JOE ABRAHAM SAN
26 CHUKWUMA MACHUKWU H SAN
27 CHIEF MRS. VICTORIA AWOMOLO SAN
28 TAWO E. TAWO SAN
29 SILVA OGWEMOH SAN
30 ADEDEJI ADERIBIGBE SAN
31 GORDY UHCE SAN
32 CHIEF EDWARD KUNAV ASHIEKAA SAN
33 P.O. OKOLO SAN
34 MUYIWA AKINBORO SAN
35 DR. VALERIE AZINGE SAN
36 OLA OLANIPEKUN SAN
37 WILCOX ABERETON SAN
38 ABDUL IBRAHIM SAN
39 DR. J.Y. MUSA SAN
40 KEHINDE OGUNWUMIJU SAN
41 OBA MADUABUCHI SAN
42 OLUBOWALE TAIWO SAN
43 STEPHEN ADEHI SAN
44 DR. GARBA YEYENKI SAN
45 CHIEF SOLO AKUMA SAN
46 BERY IGWILLO SAN
47 CHIEF OFFIONG OFFIONG SAN
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