How Appeal Court ruled against Onnoghen three months after reserving judgement
A three-member panel led by Justice Steven Adah decided on the four applications, nearly three months after it reserved judgement.
In the fourth appeal, Mr Onnoghen questioned the decision of the tribunal to proceed with its hearing, despite separate court orders demanding that it suspended sitting.In a unanimous decision on Friday, the three-member panel of the appellate court, led by Justice Steven Adah, said the order, following an ex-parte application which resulted in the suspension of Mr Onnoghen, “should not have been made in secret.
Mr Adah, therefore, said that the court would not proceed to decide on the validity or otherwise of the decision made by the tribunal regarding the controversial suspension.In the second judgement, the appellate court said the application against Mr Onnoghen’s intended arrest was made without the copies of the order for the arrest of the jurist.
The court agreed with the decision of the tribunal to rely on section 306 of the ACJA, which prevented the suspension of a substantive matter following an interlocutory appeal in a criminal case.The fourth issue determined by the Court of Appeal was the application against the failure of the tribunal to suspend sittings following the decision of separate High Courts against the tribunal hearings.
“It is not for the tribunal to decide whether the courts acted within jurisdiction or not. The lower tribunal cannot sit as an appellate court against the decisions of those courts,” Mr Ige said. According to the court, the issues decided on Friday were all on interlocutory applications. The court is yet to decide on the substantive application.
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