The suspended Chief Justice of Nigeria, Justice Walter Onnoghen, has filed an application before the Code of Conduct Tribunal demanding the disqualification of the CCT Chairman, Danladi Umar.

The motion notice dated Monday, February 4, 2019 was brought pursuant to Rule 12(1) and (1A) of the Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, 2016 and under the inherent jurisdiction of the tribunal.

The motion was signed by Chris Uche (SAN), Sebastine Hon (SAN), Okon Efut (SAN), Ogwu Onoja (SAN), Noah Abdul and George Ibrahim.

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Onnoghen is “seeking an order of this honourable tribunal for the honourable chairman of the tribunal, Honourable Danladi Umar, to disqualify/recuse himself from further participating in the adjudication of this case on the grounds of real likelihood of bias.”

The defence said Umar had “constructively convicted the CJN sought to be arraigned before him without either hearing from him or his being formally arraigned.”

The applicant noted that the CCT chairman directed President Muhammadu Buhari to suspend the CJN and appoint Justice Tanko Muhammad without recourse to the constitution or the National Judicial Council.

Onnoghen noted that on January 23, 2019 the CCT boss entertained a motion ex parte which was not moved by any known prosecutor.

The CJN said Umar had a pending case before the EFCC and was therefore subject to blackmail and threats from the executive arm of government which could impair his ability to be a fair arbiter.

He added, “The learned chairman of the CCT (Hon Danladi Umar) is a tainted arbiter by reason of a criminal charge at the instance of the EFCC for receiving bribe money in the sum of N10m in charge number: CR/109/18 in FCT High Court by an organ under the supervision of the Attorney General of the Federation."

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