The Court of Appeal has dismissed the appeal filed by Justice Walter Onnoghen, challenging the exparte order granted by the Code of Conduct Tribunal that led to his suspension.
Justice Onnoghen had in the appeal challenged the jurisdiction of the CCT to hear the charge brought against him, the exparte order on which he was suspended by the President.
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The appeal also challenged the refusal of the CCT to be bound by the orders of the federal high court and Industrial court ,directing the tribunal to stop his trial and the arrest warrant issued against him on the 13th of February by the Code of Conduct Tribunal.
In a unanimous decision the Court has also dismissed Justice Walter Onnoghen’s appeal challenging the bench warrant issued against him by the CCT.
The Court held that there are no record of proceeding on the bench warrant issued by the CCT before them, thereby making the appeal incompetent
The Court in unanimous decision has also dismissed appeal filed by Justice Walter Onnoghen, Challenging the Jurisdiction of the CCT to hear the charges brought against him.
The court held that the issues on jurisdiction is not tenable because section 396(2), 221 and 306, which does not allow for stay of proceedings in a criminal trial.
The court stressed that Administration of Criminal Justice Act has allowed for the continuation of cases while certain appeals are made.
The court in an Unanimous decision has also dismissed the appeal challenging the refusal of the CCT to be bound by the orders of the federal high court and industrial court to halt his trial.
The court held that the CCT erred in its decision to speedily ignore the orders, however relying on section 306 of the ACJA, the stay of proceedings can not be granted in interlocutory applications.
