The Court of Appeal has dismissed the motion filed by Justice Walter Onneghen seeking for stay of proceedings of his trial at the Code of Conduct Tribunal.
A 3-man justice of the Appellant court led by Justice Abdul Aboki held that section 306 in the Administration of Criminal Justice Act, does not allow for stay of Proceedings in a criminal matter.
Justice Aboki stressed that the order is equitable and cannot be made in vacuum, that criminal charges pending before any court can not be halted.
The injunction of stay of proceedings earlier granted is spent and is no longer in existence.
Counsel to the CJN , Adegboyega Awomolo had filed an appeal challenging the 14th January decision of the tribunal to commence proceedings on the trial of the CJN.
Justice Onnoghen in the appeal is also challenging the CCT’s admission of the Federal Government motion asking him to step down as the CJN, pending the determination of petition.
The court adjourned to 4th February for hearing.