Justice Walter Onnoghen |
The Federal Government and Attorney General of the Federation told the
Supreme Court on Thursday that the Chief Justice of Nigeria, Justice Walter
Onnoghen, had not been removed from office but was only suspended.
Responding to a suit filed before the apex court by the Cross River
State Government, the two respondents argued that Onnoghen was simply suspended
to enable him to stand trial on charges of non-declaration of assets instituted
against him before the Code of Conduct Tribunal.
The
Solicitor-General of the Federation and Permanent Secretary, Federal Ministry
of Justice, Mr. Dayo Apata, who represented the two respondents, asked the apex
court to dismiss the suit which was filed by Cross Rivers State to challenge
Onnoghen’s trial and suspension by President Muhammadu Buhari.
Being a suit between the
Federal Government and a state government, it did not arise from an appeal from
the lower courts but was filed directly at the Supreme Court under the
“original jurisdiction” of the apex court.
Apata
also argued, among others in his client’s notice of preliminary objection and
counter affidavits, that the subject matter did not qualify as a dispute
between a state government and the Federal Government to warrant being
heard by the apex
He said the suit did not
disclose any dispute between Cross River State and the Federal Government of
Nigeria on the subject matter of this case or the charge pending before the
Code of Conduct Tribunal.
In his argument, the
plaintiff’s counsel, Nwosu, urged the court to dismiss the defendants’
objection and grant all the prayers sought by his client.
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