The office of the Attorney General of the Federation (AGF) and Minister of Justice, on Tuesday, told the Abuja Division of the Court of Appeal, that he was yet to take possession of the case file of a former Chief Justice of Nigeria (CJN), Samuel Walter Nkanu Onnoghen, appealing his unlawful removal from office five years ago.
Onnoghen was prosecuted in 2019 by the federal government on false declaration of assets at the Code of Conduct Tribunal (CCT), convicted, had his assets forfeited and barred from holding public office.
He was earlier suspended during the trial and subsequently resigned from office.
Displeased with the proceedings of the CCT, Onnoghen had approached the appellate court to challenge his suspension by the CCT.
However, the trial has been stalled since 2019 and came up, Tuesday.
When the matter was called, Onnoghen’s lawyer, Chief Chris Uche, SAN, informed the court of his readiness for hearing, however, the federal government, through its lead counsel, Mr Tijani Gazali SAN, informed the court that the respondent is not ready, because it was yet to take possession of the case file from the private lawyer handling the matter 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.
Onnoghen, who was in court to witness the proceedings, is praying the appellate court to set aside the judgement of the CCT that removed him from office and ordered the forfeiture of his five bank accounts.
Alex Enumah
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