S/Court strikes out suit on constitutionality of ex- CJN Onnoghen removal

Monday, November 4, 2019 2:42 pm

Ex-Chief Justice of Nigeria, Justice Walter Onnoghen,

The referral appeal filed by one Dr Samuel Nwawka asking the court to determine the constitutionality or otherwise of the removal of Justice Walter Onnoghen as the Chief Justice of Nigeria was struck out on Monday by the Supreme Court.

Nwawka had in the suit asked the Supreme to invoke section 22 of its Act to determine Constitutional questions relating to the ways and manners the Federal Government caused the removal of Onnoghen as CJN through ex-parte application at the Code of Conduct Tribunal on Feb. 23, 2019.

He also asked the apex court to determine whether the action of the first to six respondents in applying for and ordering the removal of Onnoghen before his appearance at the Code of Conduct Tribunal is whether or not constitutional, arbitrary, outrageous and a flagrant violation of Onnoghen’s Rights to presumption of innocence.

Respondents in the appeal are Federal Government, Abubakar Malami, Justice Tanko Muhammad, Dr Mohammed Isah (CCB Chairman), Danladi Umar (CCT Chairman), Honourable Julie Anabor (CCT member), National Judicial Council, Head of Service of the Federation and the Senate as 1st to 9th respondents respectively.

But the suit was struck out by Justice Bode Rhodes-Vivour, who led five justices, after the appellant failed to appear and was not legally represented.