Politics

Agbakoba seeks nullification of Buhari’s approach in suspending CJN Onnoghen

For appointing himself Petroleum Minister, Agbakoba drags Buhari to court

A Senior Advocate of Nigeria (SAN) Dr Olisa Agbakoba has filed an application before a Federal High Court in Lagos seeking the nullification of the procedure adopted by President Muhammadu Buhari in suspending the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghnen.

In the charge made available to Ripples Nigeria on Thursday, Agbakoba argued that the government ignored the two grounds upon which Onnoghen could have been suspended and relied on an Exparte Order of the Code of the Conduct Tribunal leading to the purported suspended the CJN.

The suit filed before the court had the Attorney-General of the Federation and the National Judicial Council as first and second defendants respectively.

He said the suspended CJN was denied his judicial immunity while the federal government failed to obtain administrative action of the National Judicial Council or at least, the support of two thirds majority of the Senate before proceeding with the suspension.

He therefore prayed the court to declare the procedure unconstitutional and hence, a reversal of the suspension of the CJN.

Read also: ONNOGHEN: AGF Malami joins legal battle at Industrial Court

His interests include, “Whether by the combined interpretation of Section 153 (1)(i), Paragraph 21 (b) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999 as (amended) the Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen can be suspended or removed from office except on the recommendation of the National Judicial Council or the President acting on an address supported by two thirds majority of the Senate.

He prayed the court for the relief of “a declaration that by the combined interpretation of Section 153 (1)(i), Paragraph 21 (b) of the 3rd Schedule and Section 292 (1)(a) (i) of the Constitution of the Federal Republic of Nigeria 1999 as (amended) the Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen cannot be suspended or removed from office except on the recommendation of the National Judicial Council or the President acting on an address supported by two thirds majority of the Senate.

No date has been fixed for the hearing of the case.

Ripples Nigeria

We are an online newspaper, very passionate about Nigerian politics, business and their leaders. We dig deeper, without borders and without fears.
www.ripplesnigeria.com

Join the conversation

Opinions

About the author

Ripples Nigeria

We are an online newspaper, very passionate about Nigerian politics, business and their leaders. We dig deeper, without borders and without fears.
www.ripplesnigeria.com

Do NOT follow this link or you will be banned from the site!