On Thursday, a three-member panel of justices of the Court of Appeal in Abuja permitted the federal government and former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to resolve the dispute surrounding his sack outside of the court.
The administration of former President Muhammadu Buhari suspended Onnoghen from office in 2019, paving the way for his arraignment and subsequent trial on alleged false declaration of assets at the Code of Conduct Tribunal (CCT).
The tribunal later convicted Onnoghen, had his assets forfeited, and barred him from public office.
Although the former CJN had immediately approached the appellate court to challenge his suspension and subsequent prosecution, a hearing in the appeal did not commence until recently.
At Thursday’s proceedings, although Chief G. U. K. Igwe, SAN, announced his appearance for Onnoghen, Chief James Ogwu Onoja, SAN, who argued the appeal, informed the court that parties have been having “several meetings” since the last court sitting to resolve the issue outside of court.
Onoja, therefore, prayed the panel to adjourn the appeal for another month so that the parties could reach an agreement. Mr. Tijani Gazali, SAN, a lawyer representing the federal government, corroborated his submission.
Responding, Justice J. O. Oyewole, who led the three-member panel, while commending parties for efforts at resolving the issue, directed that parties file a term of settlement in the event of an agreement.
He, however, adjourned till November 4 for a hearing.
At the last proceedings on August 20, the office of the Attorney General of the Federation (AGF) and Minister of Justice informed the appellate court that the office had yet to take possession of the Onnoghen case file from the former lawyer handling the case.
When the matter was called, Onnoghen’s lawyer, Chief Chris Uche, SAN, had informed the court of his readiness for hearing,, but Gazali, SAN, noted that the respondent was not because it had yet to take possession of the case file from a private lawyer who prosecuted on behalf of the federal government.
According to the senior lawyer, the trial of the former CJN was contracted to a Kano-based private lawyer, Aliyu Umar SAN, who is now late.
Gazali, therefore, appealed to the court to grant an adjournment so that the government could approach the chambers of the late private lawyer to retrieve the necessary documents to respond to the appeal.
He said virtually all the processes served on the AGF in 2019 were taken to a private lawyer.
Besides, Gazali said that the matter was being looked into from another perspective to work out an amicable resolution of issues in dispute by the new AGF.
Responding, Uche pointed out to the court that some documents had been served at the AGF office and acknowledged.
Uche appealed to the Court to allow him to move an application for an accelerated hearing, which was granted since there was no objection from the federal government.
Justice C. I. Jombo Ofo, who presided over the matter, granted an accelerated hearing and subsequently fixed September 19 for the appeal’s hearing.
