A referral appeal seeking to determine the constitutionality or otherwise on the way and manner the immediate past Chief Justice of Nigeria, Justice Walter Onnoghen, was removed from office, was dismissed by the Supreme Court on Monday.
Justice Bode Rhodes-Vivour, who led a five-man panel of justices, threw out the case after the appellant, Dr. Samuel Nwawka and his legal representative failed to show up in court.
Nwawka approached the apex court to invoke section 22 of the Supreme Court Act to determine Constitutional questions relating to the ways and manners the Federal Government caused the removal of Onnoghen as CJN through an ex-parte application at the Code of Conduct Tribunal on February 23.
He also prayed 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 the ex-CJN’s rights to presumption of innocence.
The Federal Government, Abubakar Malami, Justice Tanko Muhammad, Dr. Mohammed Isah (CCB Chairman), Danladi Umar (CCT Chairman), Hon. Julie Anabor (CCT member), National Judicial Council, Head of Service of the Federation and the Senate were joined as respondents to the appeal.
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