Supreme Court dismisses suit by Cross River State challenging suspension of Onnoghen

The Supreme Court of Nigeria on Friday struck out a motion filed by the Cross River State Government challenging the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

President Muhammadu Buhari in January through an order of the Code of Conduct Tribunal (CCT) suspended the erstwhile CJN over fake and non asset declaration.

But in its ruling, the Supreme Court said it lacked jurisdiction to entertain the matter, and so dismissed the application.

The apex court said the matter for which the instant application was brought does not involve a dispute between the Cross River government and the federal government.

Paul Galinje who delivered the lead judgement said the apex court agreed with the legal position of the federal government that it lacked jurisdiction to adjudicate on the matter.

Consequently, the court upheld the objection raised by the Solicitor General of the Federation, Dayo Apata, and in a verdict said that it would not delve into the merit of the substantive application.

Meanwhile, a member of the panel, Justice Mary Odili, disagreed with six other Justices of the Supreme Court.

In her contrary submission, Justice Odili, held that the plaintiff, Cross River State government, possessed the locus‎ standi to raise legal questions regarding the suspension and eventual sack of their son as the CJN.

She maintained that the ex-parte order President Muhammadu Buhari relied upon to suspend the former CJN on January 25, was wrongly issued by the CCT.

She argued that the CCT lacked the requisite jurisdiction to entertain the six-count charge that led to Onnoghen’s conviction, saying the entire proceedings before the CCT was invalid.

She pointed out that the Federal Government failed to channel allegations it levelled against the ex-CJN to the National Judicial Council (NJC) before it dragged him to court.

By Babatunde Alao….

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