The Code of Conduct Tribunal on Friday dismissed the no-case submission filed by the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, and asked him to open his defence in respect of the six counts of false and non-declaration of assets preferred against him.
The three-man CCT bench led by Danladi Umar held that Onnoghen had case to answer and should enter his defence.
Contrary to the contention by Onnoghen’s legal team that the three witnesses called by the prosecution failed to give credible evidence to prove the case, the CCT held that admission to the alleged offences by the embattled top judicial officer had shown that there was a prima facie case against him.
Umar said the defence was only trying to frustrate the punishment of the defendant for the offences.
The Chief Adegboyega Awomolo-led defence team promptly applied for the copy of the ruling to enable them to properly advise the defendant. The tribunal chairman said it would be ready by Monday. He also adjourned till Monday for the suspended CJN to open his defence.
Meanwhile, shortly after the ruling was delivered on Friday, the suspended CJN filed a six-ground notice of appeal to challenge it.
In the notice of appeal filed before the Abuja Division of the Court of Appeal, Justice Onnoghen prayed for an order setting aside the ruling which he contended occasioned a miscarriage of justice to him.
Contending that “the Chairman and members of the CCT erred in law when they overruled the no-case submission”, he urged the Court of Appeal to discharge and acquit him by dismissing the entire six counts preferred against him.
He stated among others, that the petitioner who authored and submitted “the petition on which the whole prosecution is predicated was never called as a witness by the prosecution and thereby rendered his petition a mere hearsay and this occasioned grave miscarriage of justice”.
The Federal Government had on January 11, 2019 filed against Onnoghen six counts, including failure to declare his assets between June 2005 and December 14, 2016.
Onnoghen had pleaded not guilty to the six counts.