Onnoghen Asks Appeal Court to Stop His Arrest
Posted By: Zico
on February 14, 2019
Onnoghen asks Appeal Court to stop his arrest
The suspended Chief Justice of Nigeria , Justice Walter Onnoghen , on Wednesday , asked the Appeal Court in Abuja to stop his arrest .
Onnoghen , who faulted the Code of Conduct Tribunal ’ s decision to arrest him , based his argument on 11 grounds .
The suspended CJN said his decision to be absent from the CCT was not in disobedience to any order as no order to compel his attendance was served on him . He said the tribunal erred by ordering his arrest when the application challenging its jurisdiction to hear and determine the complaints of the respondent had not been heard .
The court document read in part, “ The appellant (Onnoghen ) has a pending motion challenging the competence of the charge preferred against him and the jurisdiction of the tribunal to entertain same.
“ Until the issue of the CCT jurisdiction being challenged by the appellant is heard and determined , the physical presence of the appellant to take his plea is not mandatory or necessary .
“ The order of the bench warrant is a breach of the respondent ’ s right to appellant ’ s right to liberty under the Constitution of the Federal Republic of Nigeria 1999 ( as amended ). ”
Onnoghen said that the CCT contravened Section 266 ( b) of the Administration of Criminal Justice Act when it ordered his arrest as the Act clearly states that an appellant has a right to be absent from court during the argument of an interlocutory application .
Onnoghen challenged the decision of the CCT chairman not to step down despite calls for him to recuse himself due to a pending corruption charge against him and “ likelihood of bias . ”
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