TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Court of Appeal refuses to stop proceedings in Onnoghen’s trial

The Citizen by The Citizen
January 31 2019
in Headlines, Latest News
A A
0
Court of Appeal refuses to stop proceedings in Onnoghen’s trial

The Abuja Division of the Court of Appeal has refused to stay proceedings in the trial of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, in the six-count alleged false declaration charges filed against him by the Federal Government, before the Code of Conduct Tribunal (CCT).

The court refused to grant application for stay of proceedings brought by justice Onnoghen, on the grounds that section 306 of the Administration of Criminal Justice Act (ACJA), 2015, does not allow stay of proceedings  in a criminal matter and that, the tribunal, being vested with  a quasi criminal jurisdiction, is governed by the provisions of the ACJA and its proceedings in a criminal matter can not be stayed.

Justice Onnoghen had, in a motion on notice, asked the appellate court  to halt his trial at the CCT on grounds that the tribunal erred in law when it adjourned on January 14 to rule on both his motion challenging the tribunal’s jurisdiction as well as that of the federal government seeking for the tribunal’s order asking him to step aside as CJN pending the determination of the charges against him at the CCT.

However, in a unanimous decision,  the 3-man panel of the Court of Appeal, led by Justice Abdul Aboki, ruled that the prayers of Onnoghen that proceedings at the tribunal be stayed  runs contrary to the provisions of section 306 of the Administration of Criminal Justice Act (ACJA) 2015.

Justice Aboki, who read the lead ruling, cited the case of Bukola Saraki, in which justice Onnoghen himself, at the Supreme Court, declined to stay Saraki’s trial on the same grounds that section 306 of the new law did not permit a stay of criminal trials.

According to him, there were no special circumstances in which Onnoghen’s prayer would be granted in the appeal argued by Chief Wole Olanipekun (SAN).

The Court of Appeal in the ruling aligned with the respondent that the suspended CJN’s request for stay of proceedings ought to be refused. Justice Aboki held that applications seeking stay of proceedings are not granted as a matter of cause but must meet some condition precedents before they can be granted by court

“ Although a court has inherent jurisdiction to grant stay of proceedings at any court, so as to prevent the destruction of the res (subject matter) of litigation, and not to foist a state of helplessness on the court, there are, however, special conditions and guidelines governing the granting of stay of proceedings.

“Stay of proceedings can also be granted where it is necessary that there is a strong and special circumstances but not as a matter of right. While it is a discretion of the court, such discretion must be exercised judicially and judiciously.  The court has been enjoined to carefully consider the conditions by evaluating the evidence placed before it vis-a-vis the guiding principles in granting a stay of proceedings.

“I have considered all the materials placed before this court by both parties in order to arrive to a conclusion as to whether the appellant has made out a case to warrant granting a stay of proceedings. In view of the ruling of the lower tribunal, which adjourned proceedings in the trial to January 28, whether this court has jurisdiction to stay proceedings in view of section 306 of the Administration of Criminal Justice Act ( ACJA), 2015.

“The section reads: ‘Applications for stay of criminal matters shall not be granted. It is my considered view that the application did not meet up with the guiding principles for granting of stay of proceedings. This appeal, therefore, ought to be dismissed and is, hereby, dismissed. The substantive matter is adjourned to February 4 for hearing,” justice Aboki ruled

The CCT, at its last sitting, adjourned the CJN’s trial indefinitely to await the ruling of the Court of Appeal.

 

 

Previous Post

Osun guber: Witnesses contradict Gov. Oyetola at elections tribunal

Next Post

EFCC drags ex-SGF Babachir, Oke, wife to court on fraud allegations

Related Posts

Extrajudicial killing: No explanation, spirituality not far from it – Delta Police PRO
Latest News

Extrajudicial killing: No explanation, spirituality not far from it – Delta Police PRO

April 29 2026
Dangote raises petrol price by N75, to N1,275 per litre
Business

Dangote raises petrol price by N75, to N1,275 per litre

April 29 2026
Is the worst over in Nigeria? – Punch
Governance

Reps approve Tinubu’s $516.33m loan for Sokoto-Badagry superhighway

April 29 2026
Shari’a Court registrar dies in bandits’ den
Latest News

Gunmen kill pastor, abduct worshippers in Ekiti church attack

April 29 2026
Police arrest officer over Delta shooting, transfer case to Force HQ
Latest News

Police arrest officer over Delta shooting, transfer case to Force HQ

April 28 2026
FG demands protection after xenophobics kill two Nigerians in South Africa
Global News

FG demands protection after xenophobics kill two Nigerians in South Africa

April 28 2026
Next Post
EFCC drags ex-SGF Babachir, Oke, wife to court on fraud allegations

EFCC drags ex-SGF Babachir, Oke, wife to court on fraud allegations

Pres. Buhari appoints new Supreme Court Justice

I have never been corrupt, says Buhari

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Service Chiefs: Let the changes count – Punch

Tinubu approves ₦17bn grassroots devt fund for 8,804 wards

by The Editor
April 22 2026
0

...

Police launch manhunt for killers of Imo traditional ruler

Police launch manhunt for killers of Imo traditional ruler

by The Editor
April 11 2026
0

...

Lassa fever deaths rise in Nigeria

Lassa fever deaths rise in Nigeria

by The Editor
April 9 2026
0

...

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

Oyo govt installs Sen Alli, two Ibadan High Chiefs as monarchs in absentia

by The Editor
April 3 2026
0

...

APPOINTMENTS

Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure

Tinubu appoints NECO, NBTE chairmen, names poly rector, renews library DG tenure

by The Editor
April 22 2026
0

...

416 nurses, midwives get automatic appointments in Yobe

416 nurses, midwives get automatic appointments in Yobe

by The Editor
April 8 2026
0

...

Tinubu renews Bugaje’s appointment as NBTE boss

Tinubu renews Bugaje’s appointment as NBTE boss

by The Editor
April 2 2026
0

...

Kwara governor congratulates new CAF General Secretary

Kwara governor congratulates new CAF General Secretary

by The Editor
April 1 2026
0

...

ODDITIES

Indian man digs up sister’s skeleton to claim savings

Indian man digs up sister’s skeleton to claim savings

by The Editor
April 28 2026
0

Nigeria’s ambassador-designate dies before assumption of office

Nigeria’s ambassador-designate dies before assumption of office

by The Editor
April 22 2026
0

Bwala, Hasan and the art of the political interview

I had throat surgery after Al Jazeera interview – Daniel Bwala

by The Editor
April 11 2026
0

GLOBAL NEWS

UN raises concern over renewed xenophobic attacks in South Africa

UN raises concern over renewed xenophobic attacks in South Africa

by The Editor
April 29 2026
0

...

FG demands protection after xenophobics kill two Nigerians in South Africa

FG demands protection after xenophobics kill two Nigerians in South Africa

by The Editor
April 28 2026
0

...

Kenyan President apologises to Nigerians over English accent jibe

Kenyan President apologises to Nigerians over English accent jibe

by The Editor
April 28 2026
0

...

UK moves to restict social media for U-16s

UK moves to restict social media for U-16s

by The Editor
April 28 2026
0

...

White House gunman was targeting Trump team, says official

White House gunman was targeting Trump team, says official

by The Editor
April 26 2026
0

...

State of the States

Kano Assembly confirms new deputy governor

Kano Assembly confirms new deputy governor

by The Editor
April 27 2026
0

...

Ondo commences 2025 OSOPADEC scholarship, bursary for students

Ondo commences 2025 OSOPADEC scholarship, bursary for students

by The Editor
April 21 2026
0

...

Delta govt urges youths to join Army

Delta govt urges youths to join Army

by The Editor
April 11 2026
0

...

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

21,452 applicants jostle for 1,000 rural teaching Jobs in Nasarawa

by The Editor
April 10 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Tinubu approves Abuja land for ambassadors-designate

Tinubu approves Abuja land for ambassadors-designate

April 29 2026
Divorce claims: No legal marriage exists between us – Churchill reacts to Rosy Meurer split

Divorce claims: No legal marriage exists between us – Churchill reacts to Rosy Meurer split

April 29 2026
2027 Polls: Court bars INEC from recognising ADC congresses

2027 Polls: Court bars INEC from recognising ADC congresses

April 29 2026
UN raises concern over renewed xenophobic attacks in South Africa

UN raises concern over renewed xenophobic attacks in South Africa

April 29 2026

EDITORIAL REVIEW

Blackouts: Broken promises, powering failure – Punch

Electricity Act: What are states waiting for? – Punch

by The Editor
April 29 2026
0

Bwala, Hasan and the art of the political interview

NBC threat to press freedom – Punch

by The Editor
April 28 2026
0

Curfew in Abuja today for LG council elections

Hidden cost of elections – Punch

by The Editor
April 17 2026
0

Oil prices jump back toward $100 on Mideast ceasefire doubts

As Nigeria moves away from oil dependency – Punch

by The Editor
April 13 2026
0

Easter gets bloodier – Punch

Easter gets bloodier – Punch

by The Editor
April 12 2026
0

Opinion

Even INEC admonishes the media?

Even INEC admonishes the media?

by The Editor
April 12 2026
0

...

Enugu: Gov Mbah presents N521.5bn budget for 2024

Mbah: From contested mandate to constructive governance in Enugu

by The Editor
April 9 2026
0

...

Tinubu finds his own demons

How will Tinubu campaign in Plateau State?

by The Editor
April 9 2026
0

...

Bwala, Hasan and the art of the political interview

Bwala, Hasan and the art of the political interview

by The Editor
April 6 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.