The Supreme Court yesterday, fixed May
17, 2019, to deliver judgement on the suit filed by the Cross River State
government seeking the setting aside of the six-count charge of non-assets
declaration against the suspended Chief Justice of Nigeria (CJN), Justice
Walter Onnoghen.
The attorney-general and commissioner
of justice of Cross River State on behalf of the state government challenged
the suspension and trial of Justice Onnoghen at the Code of Conduct Tribunal
(CCT).
The suit dated January 22, 2019, and
marked SC/45/2019 has the Federal Republic of Nigeria (FRN) and the
attorney-general of the federation (AGF) as defendants. In its defence, the
federal government asked the apex court to dismiss the suit as the plaintiff
lacks the locus standi to institute it. When the matter came up for hearing
yesterday, counsel to the plaintiff, Locius Nwosu (SAN), adopted his brief of
argument and urged the court to grant the reliefs sought by the state
government.
The counsel to the federal government
and the solicitor-general of the federation, Dayo Akpata, in his notice of
preliminary objection, asked the court to dismiss the suit on the ground that
the plaintiff lacked the locus standi to institute the action. In a notice of
preliminary objections filed by attorney-general of the federation and minister
of justice, Abubakar Malami (SAN), he challenged the jurisdiction of the court
to entertain the matter on the grounds that “there is no dispute between the
defendants in this suit and the plaintiff as envisaged under Section 232(1) of
the 1999 Constitution (as amended).
He contended that “the subject matter of
this suit is personal to Justice Onnoghen Nkanu Walter Samuel and does not in
any way affects the Cross River State government as to confer it with the locus
to institute this suit. “The reliefs and claims made herein by the plaintiff
are not for the benefits of Cross River State but personal to Justice
Onnoghen,” he argued.
Akpata also informed the court that the
subject matter of the suit is already before the Court of Appeal which has
reserved judgement. He submitted that the action of the state government
amounted to “forum shopping and an abuse of court process.” But Nwosu insisted
that the case of his client is different from the appeal filed by Justice
Onnoghen at the Court of Appeal. “My lords, the suit is not about Justice
Onnoghen but about the interpretation of the constitution. “It is for the
interpretation of the provisions of the 1999 Constitution, particularly
sections 4,5,6, 153(1), 158(1), paragraph 21(b) of Part 1 of the Third Schedule
of the 1999 Constitution (as amended), the purported filing of the charge in
No. CCT/ABJ/01/19 between FGN vs Hon.
Justice Onnoghen Nkanu Walter Samuel
before the Code of Conduct Tribunal against a judicial officer who in this case
is the chief justice of Nigeria, without any formal complaint having been made
against him to the National Judicial Council (NJC) robbed the tribunal of
jurisdiction to try the charge, and all the proceedings relating thereto are
null and void, a nullity,” he said. After taking all the arguments for and
against the suit, the seven-man panel of justices of the Supreme Court led by
Justice Bode Rhodes Vivour accordingly adjourned the case till May 17, 2019,
for judgement. Other justices of the panel included Justices Olukayode
Ariwoola, Mary Peter Odili, Kudirat Kekere-Ekun, Justice Ejembi Eko, Musa
Dattijo Mohammed and Justice Dauda Sidi Bage.
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