The Court of Appeal sitting in Abuja has dismissed a suit filed by suspended chief justice of Nigeria, Walter Onnoghen, seeking stay of execution on his ongoing trial at the Code of Conduct Tribunal (CCT).
The court dismissed the suit on Wednesday.
Onnoghen, who is facing charges of non-declaration of assets, had approached the court with the argument that the CCT had no jurisdiction to preside over the case.
But the 3-man Appeal Court panel led by Justice Abdul Aboki held that section 306 in the Administration of Criminal Justice Act, does not allow for stay of Proceedings in a criminal matter.
Justice Aboki stressed that the order is equitable and cannot be made in vacuum, that criminal charges pending before any court can not be halted.
The injunction of stay of proceedings earlier granted is spent and is no longer in existence.
Counsel to the CJN , Adegboyega Awomolo had filed an appeal challenging the January 14 decision of the tribunal to commence proceedings on the trial of the CJN.
Justice Onnoghen in the appeal is also challenging the CCT’s admission of the Federal Government motion asking him to step down as the CJN, pending the determination of petition.
The court adjourned to February 4 for hearing.