Ruling, Justice Abdul Aboki held that the appellate court had no definitive order to make in the present circumstance and therefore went ahead to fix Jan. 24 to hear the merit of the appeal.
The Court of Appeal Abuja on Monday fixed January 24 to hear a notice of appeal seeking to restrain the trial of the Justice Walter Onnoghen, the Chief Justice of Nigeria (CJN) at the Code of Conduct Tribunal (CCT).
It would be recalled that the Federal High Court Abuja, the FCT High Court and the National Industrial had at various times restrained the tribunal from commencing Onnoghen’ trial pending the determinations of suits on the subject matter before them.
Mr Emmanuel Omonuwa, Counsel to the Federal Government, had raised objection on the court’s earlier readiness to hear the appeal, adding that he was served with the processes on Friday.
According to him, he requires some days to file his responses on the issues raised.
He, therefore, prayed the court to adjourn the matter to enable him file his responses.
Omonuwa also said that there was no need for the court to make any restraining order as three courts in Abuja had already issued restraining orders on the CCT, adding that those orders still subsisted.
Onnoghen, in the appeal, is also challenging the CCT’s admission of Federal Government’s motion asking him to step down as the CJN pending the determination of the petition.
The News Agency of Nigeria (NAN) recalls that the Code of Conduct Bureau instituted an action against the applicant on allegations bothering non-assets declaration. (NAN)