The Nigerian Senate has filed a suit before the Supreme Court, praying among other reliefs, for an order reinstating Justice Walter Onnoghen as the Chief Justice of Nigeria following his illegal suspension last Friday by President Muhammadu Buhari.
The suit marked SC.76/2019 was filed on Monday by Mr. Paul Erokoro SAN, counsel to the Senate.
The Red Chamber asked the apex court to declare that Mr. Onnoghen’s suspension, without two-thirds majority of the Senate, is a violation of section 292(1)(a)(i) of the Constitution.
The Senate sought, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the Constitution and therefore null and void.
“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria and restoring him to the said office.
“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”
President Buhari had, while announcing the CJN’s suspension, said that he acted on an ex parte order made by two of the three members of the Code of Conduct (CCT), which directed that the CJN step aside from office pending the conclusion of his trial and that he should swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.
However, in the suit, the Senate averred that the President could suspend the CJN on the directive of the CCT, saying that two-third majority of the Senate was needed. It also said the president cannot appoint an Acting CJN without Senate confirmation.
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