How Onnoghen’s judgments affirmed CCT’s powers

by Joseph Jibueze

January 17, 2019


Chief Justice Walter Onnoghen, who is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him for alleged non-declaration of assets, had given judgments affirming the Tribunal’s powers.

In one of the judgments delivered on July 12, 2013, he held that the CCT had exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code of Conduct Bureau.

He also held that the provisions “expressly ousted the powers of ordinary regular courts in respect of such violations.”
Chief Justice Onnoghen’s lawyers are arguing that the charges against him should first be decided by the National Judicial Council (NJC). Can the NJC not be considered an “ordinary regular court” in the circumstance?
The judgment was in a suit numbered SC.279/2012 before Justices Onnoghen, Christopher Mitchell, Chukwuma-Eneh, Olabode Rhodes-Vivour, Clara Bata Ogunbiyi and Kumai Bayang Aka’ahs.

The case was between Ismaeel Ahmed and Alhaji Nasiru Ahmed, Congress for Progressive Change (CPC), CPC Kano State Chapter chairman and the Independent National Electoral Commission (INEC).

Interpreting Paragraph 12 of the Fifth Schedule of the 1999 Constitution (as amended) as regards CCT’s jurisdiction, Justice Onnoghen held: “’…the said paragraph 12 provides as follows: ‘Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.’

“The foregoing provisions are clearly unambiguous and so construed literally mean that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall, (meaning that it is mandatory i.e. must) be made to the Code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code.

“If I may emphasise, any violations shall be made to Code of Conduct Bureau. The provisions have made it mandatory to take any matters so covered by the 5th schedule (supra) to the Code of Conduct Bureau and not to any ordinary regular Courts as has been done in this instance.


“If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

“The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

“Simply put, to tackle any violation of the Code starts before the Code of Conduct Bureau Tribunal to the Court below on appeal and on a further appeal therefrom to this Court.

“As can be seen, the lower Court exercises appellate jurisdiction over the Code of Conduct Tribunal and no more.”

In his contributory judgment in Ahmed V. Ahmed & Ors (2013) Lpelr-21143(SC), Justice Onnoghen said regarding breach of public conduct: “It is the contention of the cross appellants that the initiation of the appeal process etc by M.K. Dabo esq is in violation of the Paragraphs of the 5th Schedule thereby rendering the actions so taken and the processes null and void.

“The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?



“The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.”

http://thenationonlineng.net/onnoghens-judgments-affirmed-ccts-powers/

Justice Walter Onnoghen should go home in peace. Nigeria law is bigger than any individual.

I like the word used by thief Justice onnogen,
he said, ’exclusive jurisdiction’

the only duty of cct is to look into misconduct of anybody in nigeria, be you president,
is not everyday court,

meanwhile, these jubril is behaving like buhari of 1984.

Awaiting for the arrival of Pa Chukwudi

deji17:
Onnoghen makes the Law, Onnoghen breaks the Law, Onnoghen caught by the Law.
Shikena, O pari, Lobatan

So his judgements is coming back to bite him? Whoever the gods what's to kill...


The Saraki, Atiku, obj, woke etc will avoid judgment like this. They will only hammer of irrelevant things.

Onnoghen is gone, he can now request for licence to really go into the business dearest to his heart: BDC.

& hope he won't refund Wike for the black market verdicts.....

this is a complete publication of misinformation because this case in 2013 was now superseded by another case in 2017 which stated clearly all cases that involves serving judicial officers be referred to the NJC

total nonsense and deliberate misinformation..Buhari has chewd more than he can bite this time

baralatie:
this is a complete publication of misinformation because this case in 2013 was now superseded by another case in 2017

Has the law suddenly changed because it doesn't favour your corrupt CJN now?

reproduced

INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.

Corruption shall be curtailed in our dear nation

Afamed:

Has the law suddenly changed because it doesn't favour your corrupt CJN now?

this is the 2017 ruling against the cct vs sitting judges


INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.

Pachukwudi44 won't be able to sleep tonight

Omololu001:
Pachukwudi44 won't be able to sleep tonight

He is in pains..

SalamRushdie:
total nonsense and deliberate misinformation..Buhari has chewd more than he can bite this time

so what will you guys do about it

Pachukwudi44 will be in sifia pains right now

madridguy:
Awaiting for the arrival of Pa Chukwudi

Hahahaha

deji17:


He is in pains..

He is still gonna be in shock right now

Onnoghen followed wike's advice when he could have towed the path of gentleman and resign .now he will spend his loot in peace chasing black market judgements.

This nonsense you put up there was not talking about the removal of judges but strictly on powers of CCT to try violations of Code of conduct by public officers.

Try harder you pitiable set of political jobbers.

Your democracy and constitution is in danger and you are playing small minded politics still

It is quite unfortunate that the head of our judiciary is also corrupt.

I'm enjoying the tears from this debacle. I don't think i've seen this much wailing since I was born. I can literallly taste the salt off my screen.

modath:

Onnoghen is gone, he can now request for licence to really go into the business dearest to his heart: BDC.

& hope he won't refund Wike for the black market verdicts.....

Election done and dusted. Hope you're good, Ma.

the same way God used card reader to finish PDP in the elections is same way God used Onnoghen own words to finish him. He should be summoned by the CCT immediately and arraigned.

baralatie:
this is a complete publication of misinformation because this case in 2013 was now superseded by another case in 2017 which stated clearly all cases that involves serving judicial officers be referred to the NJC

I don't agree. The 2017 case is a nulity as it was before the appeals court while the 2013 judgement was delivered by the Supreme Court

kitaatita:

I don't agree. The 2017 case is a nulity as it was before the appeals court while the 2013 judgement was delivered by the Supreme Court

who nullified the 2017 case

Have you guys seen Pachukwudi44 and SalamRushdie?

livelymatilda22:
Have you guys seen Pachukwudi44 and SalamRushdie?

The last time I saw them , I saw a bottle of sniper each on their hands

Jonathan:

The last time I saw them , I saw a bottle of sniper each on their hands

Buhari is the one clutching sniper

You guys are even more stupid than I thought by brandishing this irrelevant epistle.

Jesusloveyou:
I like the word used by thief Justice onnogen,
he said, ’exclusive jurisdiction’

the only duty of cct is to look into misconduct of anybody in nigeria, be you president,
is not everyday court,

meanwhile, these jubril is behaving like buhari of 1984.

why was it called a court then?

SalamRushdie:


Buhari is the one clutching sniper

I can feel taste your salty tears on my screen

www.nairaland.com/attachments/8591957_04ebc014b33b49c1b9ff1295691b09d2_jpeg_jpegf264f7fef87cdf530fafa053bb544a88