A three-member panel of justices of the Court of Appeal in Abuja, on Thursday 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 had in 2019, suspended Onnoghen from office, 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 from holding public office.
Although, the former CJN had immediately approached the appellate court to challenge his suspension and subsequent prosecution, hearing in the appeal did not commence until recently.
At Thursday’s proceedings, although Chief G. U. K. Igwe, (SAN) announced appearance for Onnoghen, however, Chief James Ogwu Onoja (SAN), who argued the appeal, informed the court that parties have been having “several meetings” since the last court’s sitting, towards resolving the issue out of the court.
Onoja therefore prayed the panel to adjourn the appeal for another one month for parties to reach an agreement.
His submission was corroborated by Mr Tijani Gazali (SAN), the lawyer representing the Federal Government.
Responding, Justice J. O. Oyewole, who led the three-member panel, while commending the 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 hearing.
At the last proceedings on August 20, the office of the Attorney General of the Federation (AGF) and Minister of Justice, had informed the appellate court that the office was yet to take possession of the case file of Onnoghen 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 noted that the respondent was not because it was 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 to enable the government to approach the chambers of the late private lawyer to retrieve necessary documents to respond to the appeal.
According to him, 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 with a view to working out an amicable resolution of issues in dispute by the new AGF.
Responding, Uche pointed out to the court that some documents were actually served on 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 hearing of the appeal.
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