Thread by @LegalNaija

The team of Defence Counsel representing the CJN, Hon. Justice Walter Onnoghen at the CCT has filed a Preliminary Objection challenging the jurisdiction of the CCT to hear the matter.
#leavejusticeonnoghenalone
#OnnoghenCCTtrial

*UPDATES FROM THE CCT ON ONOGHEN (CJN)
Aliyu Umar announces appearance for Prosecution. Wole Olanipekun, SAN, announces appearance for Defence. Tribunal asked if Defendant has been served with the charge and Registry confirmed that it was served on Defendant's PA

Chief Olanipekun was cut short in announcing appearance. Prosecution says Defendant is only allowed 5 Counsel on the Record. However Chief Olanipekun continues announcing appearances.

Desmond Yamah announces appearance for NBA as an interested party. Tribunal Chair says you are either for Prosecution or Defence..tells him he cannot be on the Record. Mr Yamah insists on being on the Record but Chair overrules him

Via @ udems

#OnnoghenCCTtrial

Olanipekun (SAN) informs Tribunal of application filed today challenging Tribunal's jurisdiction to "sniff", countenance or adjudicate on charge. Prosecution states Defendant must be arraigned first and that the Charge cannot proceed in Defendants' absence.

Olanipekun says arraignment doesn't arise as the Tribunal's jurisdiction is challenged. Says that Tribunal has ruled in line with that position but doesn't cite the case. Refers Tribunal to its Practice Direction Paragraph 3. And reads it to the court.

#onnoghenccttrial

Chief Olanipekun Says Tribunal must grant leave before arraignment and asks to be furnished with the order of leave to arraign sequel to the Practice Direction

Registry furnishes Defence the Order. Makes an issue out of it. Says no date was given on the face of the Order. Chief argues that with all respect date must be there. Chair says that the summons contains a date and that suffices

Chief Olanipekun says he is not aware that Summons was served on Defendant. The Chair says that Summons can be served on even a member of Defendant's household, however Chief refers to ACJA reads material provision says service must be personal, Section 123 and 124 ACJA

Chief further argues that service on anyone other than Defendant must be with leave of the Court. Furthermore that in the absence of proper Service, Prosecution talks about arraignment.

Chair poses a question as to whether Defendant is not aware of charge. Prosecution says Defendant is absent on his own volition. Says that no law that Defendant challenging jurisdiction can choose to be absent from Court.

Prosecution says Defendant having directed that his PA be served, service is proper but that if Defence insists then Tribunal should order that Defendant be served afresh&this time personally with specific orders not to take any instructions from Defendant this time as to service

Chief Olanipekun says asides from the need to serve Defendant afresh contends that it is not the law that Defendant challenging Charge must be present. Refers to S 266 ACJA says that Defendant doesn't need to be present for an "Interlocutory" application

Prosecution refers tribunal to S 396 ACJA says that nothing can happen in Defendant's absence. States "he can refuse to take his plea" but he must be present

Olanipekun cites one INEC v Ogwubego Pt 1620 emphasises that case was decided just last year supporting his contention that Defendant need not be present. Cites Ezeze v State Pt 894, Cites Fawehinmi v AG Lagos, Says that there are "so many" authorities supporting his contention

Tribunal asks whether the essence of Service is not to make Defendant aware of Charge? Olanipekun responds that it doesn't apply to Criminal proceedings.

Prosecution applies that Tribunal order that Defendant be served personally. Then on the return date parties may address the Tribunal on whether the Defendant ought to be present.

Olanipekun not opposing the application but asks for Costs. Tribunal says will give " a very short date to come back"

Olanipekun says that Defendant is entitled to adequate time and facilities to prepare his defence and thus coming back this week will not suffice.

Chief asks that Defendant's application be set down for Hearing on the next date. Tribunal says parties should return on Thursday this week, Olanipekun protests but Chair says that he is in charge of the Court.

Olanipekun protests but Chair says that he is in charge of the Court. Chair says ACJA encourages speedy hearing of matters adjourns to Tuesday, 22 January 2019 for hearing of all pending applications.

#OnnoghenCCTtrial

Photo of the Defence Team representing the CJN at the CCT earlier today.

#LeaveJusticeOnnoghenAlone
#OnnoghenCCTtrial #Onnoghen

Here is a copy of the Enrolment Order of the Federal High court restricting the CCT form hearing the proceedings against the CJN pending the hearing of the Motion brought before it. #leavejusticeonnoghenalone
#Onnoghen #OnnoghenCCTtrial