The Court of Appeal has ruled over Chief Justice Walter Onnoghen’s request to stop the Code of Conduct Tribunal (CCT) from trying him.
The court in its ruling on Wednesday said that the request brought before it by the suspended CJN was brought in a vacuum, without a proper backing of legal provisions why his request should be granted.
Onnoghen had following his arraignment at the CCT by the federal government through the Code of Conduct Bureau seek a court order to stop his trial.
The Appeal Court however noted that Onnoghen’s lawyers had argued that their suit was brought because the CCT had refused to entertain their request challenging the jurisdiction of the court with other motions before proceeding with the main trial.
“A court has inherent jurisdiction to grant stay of proceedings where it is certified that enough evidence has been given for such,” Justice Abdul Aboki said.
“Order for stay cannot be made in vacuum. It is a matter of law and fact,” the judge added, noting that the application for stay of proceedings will therefore not be granted.