By Ikechukwu Nnochiri
FG said it was therefore unnecessary for it to firstly channel the allegation against the suspended CJN to the National Judicial Council, NJC, for consideration, since the Code of Conduct Bureau, CCB, was statutorily empowered to investigate and prosecute such infraction. He insisted that he was entitled to fair hearing by an independent and impartial tribunal, under section 36 of the 1999 Constitution, as amended.
“We agree with that position. In the interest of justice, we urge my lords to hold that from circumstances demonstrated in the affidavit, without freedom and impartiality of the tribunal, right of fair hearing of the defendant would be jeopardised”, Awomolo added. The embattled CJN argued that only after the NJC has pronounced against such judicial officer could prosecuting agencies of the Federal Government proceed to initiate a criminal proceeding.
The prosecution urged the tribunal to overlook its previous decision in Justice Ngwuta’s case, saying it was made in error. Meantime, in a bench ruling, Chairman of the CCT, Mr. Umar, relied on section 396 of the Administration of Criminal Justice Act, ACJA, 2015, and Paragraph 5 of the Practice Direction of the CCT, and held that ruling on Onnoghen’s objections would be delivered alongside the substantive judgement.
Source: Law Daily Report (lawdailyreport.net)
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