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The Appeal by ex-Chief justice of Nigeria Justice Walter Onnoghen Challenging an ex parte order of the Code of Conduct Tribunal issued on January 23, 2019, for his suspension from office pending his trial before the tribunal was struck out on Friday by The Abuja Division of the Court of Appeal.
President Buhari relied on the strenght of the ex parte order to suspend the former Chief Justice Onnogen from office on January 25.
Justice Stephen Adah on reading the lead judgment said that the court proceedings should not have been conducted “in a shady or clandestine manouvre” as manner in which the ex parte order was obtained by the prosecution.
In a unanimous judgment,Justice Stephen Adah led three-month bench of the Court of Appeal however ruled that the CCT’s ex parte order breached the ex-Chief Justice’s right to fairing hearing.
Justice Adah however struck out the matter on the grounds that the substantive matter had been concluded by the CCT which ended in the ex-CJN’s conviction on charges of false and non-declaration of assets.