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Onnoghen: Appeal Court Withholds Judgment on Four Appeals
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Justice Walter Onnoghen has five pending appeals before the Court of Appeal in Abuja, but none of them was decided before he was convicted and removed from office by the Code of Conduct Tribunal on Thursday, Saturday PUNCH has learnt.
Onnoghen filed the sixth appeal on Thursday to challenge his conviction by the CCT.
The appeals were filed within the three months the historic trial of the ex-CJN lasted.
One of the five pre-judgment appeals Onnoghen filed on March 29 to challenge the CCT’s decision to dismiss his no-case submission has not been heard as the defence and prosecution have yet to exchange briefs on it.
While four out of the six pending appeals were heard on February 27, the Court of Appeal continues to withhold its judgments on them about seven weeks after the verdicts were reserved.
Speaking with our correspondent on Friday, one of the lawyers in Onnoghen’s legal team, Chief Chris Uche (SAN), confirmed that with the one filed on Thursday to challenge the conviction, there were six appeals relating to the trial at the Court of Appeal.
He said, “Before the judgment on Thursday, we had five appeals. But with the one filed yesterday (Thursday), we now have six appeals.
“Out of the six appeals, four have been heard, but judgments have not been delivered despite having been heard many weeks ago.”
Asked on Friday if the defence team had received the date for the judgments, Uche said, “no”.
Although the constitution gives a court a period not more than three months to deliver its judgment or ruling after the hearing of any application or a suit, Onnoghen’s legal team and aides have been expressing concerns about the delayed judgments of the Court of Appeal.
Onnoghen’s lead defence counsel in his trial at CCT, Chief Adegboyega Awomolo (SAN), had in The PUNCH’s earlier report expressed disappointment with the development when responding to our correspondent’s enquiry.
He said, “We are highly disappointed that the Court of Appeal has not delivered its judgments on the appeals by the CJN despite the far-reaching constitutional implications of the appeals.
“This is a case that affects the judiciary, but things have slowed down at the Court of Appeal.”
But the prosecuting counsel, Mr Aliyu Umar (SAN), who led the Federal Government’s team to oppose the appeals at the higher court, had also in The PUNCH’s report dismissed the concerns expressed by the defence in an interview with our correspondent.
“The Court of Appeal has three months within which to give judgments, and they are still within their right, as long as they don’t exceed three months,” Umar said.
One of Onnoghen’s four appeals already heard by the Court of Appeal challenged the jurisdiction of the CCT to hear the non-declaration of assets charges instituted against him before the CCT.
Another appeal challenged the February 23 ex parte order which President Muhammadu Buhari relied on to suspend him as the CJN and to appoint Justice Tanko Muhammad as the acting CJN on February 25.
The third appeal challenged the CCT’s refusal to be bound by the orders made by the Federal High Court and the National Industrial Court directing the tribunal to halt the CJN’s trial.
The fourth one asked the court to set aside the arrest warrant issued against him by the CCT on February 13.
On February 27, a three-man bench of the court led by Justice Steven Adah finally heard the four appeals and reserved judgments, after the cases had been previously adjourned on three occasions.
Justice Adah, who led Justice Tinuade Akomolafe-Wilson and Justice Peter Ige on the panel, said the date for the judgments would be communicated to the parties when the judgments are ready.
But seven weeks after no date for the judgment has been communicated.
The remaining two appeals yet to be heard are the ones challenging the March 28 ruling of the CCT, on Onnoghen’s no-case submission, and another challenging the judgment of the tribunal which convicted him on Thursday.
The three-man tribunal led by Danladi Umar after convicting Onnoghen, ordered his removal as the CJN and the Chairman of both the National Judicial and the Federal Judicial Service Commission.
The tribunal banned him from holding any public officer for a period of 10 years.
The tribunal also ordered the forfeiture of the money in the five bank accounts which the defendant failed to declare as part of his assets in breach of the Code of Conduct for Public Officers.
The Punch
Headlines
Abiola Cannot Be Recognised As Former President; He Was Never Sworn-in – Gen Ishola Williams
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By Eric Elezuo
One of the prime actors of the June 12, 1993 incidents, General Ishola Williams, has said that much as Chief MKO Abiola wrong was created having won the election, and denied victory, he cannot be recognized as a former President of Nigeria.
Gen Williams made his revelation while speaking as a guest on Channels television socio-political programme, Inside Source.
He maintained that only those who were sworn in that recognised as former presidents, and Abiola was never sworn in.
“Abiola cannot be recognised as former president because he was never sworn in.
The General, who said that he resigned from the army as a result of the wholesome reception given to General Sani Abacha, when he overthrew Chief Ernest Shonekan-led Interim National Government, contrary to expectation, also picked flaws in the narratives given by former Military President Ibrahim Babangida, in his recently launched book, A Journey In Service.
Williams rose in the army to become the Commandant of Army Signals, Commander of Training and Doctrine (TRADOC) and Chief of Defence Training and Planning, from where he resigned.
Headlines
Breaking: Supreme Court Recognises Martin Amaewhule As Rivers Assembly Speaker, Orders CBN to Stop Releasing Funds to State
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By Eric Elezuo
The Supreme Court of Nigeria has in its ruling on Friday recognised Hon Martins Amaewhule as the authentic speaker of the Rivers State House of Assembly, mandating him to urgently resume sitting with elected members of the assembly.
The apex court also ordered the Central Bank of Nigeria to stop releasing to the Rivers State government until a proper assembly is constituted.
Details soon…
Headlines
Obasa Storms Lagos Assembly with Armed Men, Claims He’s Still Speaker
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Tension escalated at the Lagos State House of Assembly on Thursday as impeached Speaker Mudashiru Obasa made a dramatic return to reclaim his position.
Accompanied by heavily armed men, Obasa stormed the Assembly complex in a bold move that has thrown the State’s legislature into turmoil.
In a stunning turn of events, security details assigned to the substantive Speaker, Rt. Hon. Mojisola Meranda, were abruptly withdrawn on Thursday morning, clearing the path for Obasa’s controversial comeback.
Sources revealed that the Inspector General of Police (IGP) ordered the withdrawal of all security operatives attached to Meranda, leaving her exposed in the midst of an intensifying power struggle.
The Speaker’s Special Adviser on Information, Mr. Victor Ganzallo, expressed concern over the security vacuum created by the withdrawal of personnel.
“In the early hours of Thursday, we woke up to the startling news that all security details assigned to Madam Speaker, Mojisola Meranda, had been withdrawn.
This includes the police and DSS officers, leaving her exposed to threats amid the ongoing speakership crisis,” Ganzallo stated.
He further called on Governor Babajide Sanwo-Olu, as the State’s Chief Security Officer, to intervene urgently to prevent a complete breakdown of law and order within the Assembly.
“The withdrawal of security personnel has left the Assembly naked and vulnerable at a critical time. Urgent action is needed to restore order,” he pleaded.
With the speakership battle taking a dramatic new turn, political watchers are keenly observing how the crisis will unfold in the coming days.