The Supreme Court has fixed May 17, 2019, for the ruling in the case involving the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen in the suit by Cross River State Government.
Cross River Government has filed the suit seeking to set aside the suspension of CJN Onnoghen.
It could be recalled that ElombahNews had on February 21, reported that the Federal Government and Attorney General of the Federation (AGF) have asked the apex court to decline jurisdiction over the suit.
The FG and the AGF contended that Onnoghen’s trial was personal to him and could only involve the Supreme Court where an appeal arises from the Court of Appeal on a decision reached either during or after the trail at the CCT.
Consequently, a seven-man panel of the court, led by Justice Olabode Rhodes-Vivour fixed the date on Thursday after taking arguments from lawyer to parties.
Lucius Nwosu (SAN) contended, on behalf of the plaintiff (Cross River State), that Onnoghen’s suspension or removal from office by President Buhari violates the Constitution, particularly Section 292(1).
Barr. Dayo Apata, Solicitor General of the Federation, speaking on behalf of the defendants, the Federal Republic of Nigeria and AGF, said the defendants are of the view that the plaintiff lacks the locus standi to approach the Supreme Court on the issue.
This, according him, is because Onnoghen’s suspension was personal to him and cannot be interpreted to amount to a dispute between the Federal Government and the Cross River State Government.
The Supreme Court, after listening to the arguments, adjourned and fixed May 17 for decision on the matter.
In a related development, the Court of Appeal in Abuja has reserved judgments in the four appeals filed by the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
A three-man panel of the court, led by Justice Stephen Adah, after taking arguments from parties, in respect of the appeals, said they will be informed when judgments were ready.
The appeals are CA/A/44c/2019; CA/A/CA/A/63c/19; CA:A/70c/2019 and CA/A/114c/2019.
Onnoghen is, by his first appeal, challenging the jurisdiction of the CCT to hear the charge against him, being a serving judicial officer.
He is, in the second appeal, querying the propriety of the CCT’s ruling of January 14 this year, in which it elected to hear all pending applications
The third appeal is against the CCT ex-parte order directing Onnoghen to vacate office as CJN and for President Muhammadu Buhari to appoint an acting CJN.
The fourth appeal challenges the competence of the warrant of arrest issued against the suspended CJN by the CCT.
The arrest warrant, issued on February 13 this year, was vacated by the CCT on February 15 when Onnoghen voluntarily attended the sitting of the CCT, during which he was arraigned.