A former President of the Nigerian Bar Association (NBA) Dr. Olisa Agbakoba SAN, on Thursday asked the Federal High Court, Lagos Division to declare as unconstitutional the procedure adopted by the Nigerian President, Muhammadu Buhari, to suspend the Chief Justice of Nigeria, (CJN) Justice Walter Onnoghnen.
The grounds of the claim is that Judicial Officers including the CJN enjoy Judicial Immunity and have constitutionally guaranteed tenure of office that can only be interfered with by the administrative action of the National Judicial Council (NJC) or the President acting on an address supported by two-thirds majority of the Senate.
In the suspension of the CJN, Justice Walter Onnoghnen, the Nigerian President did not adopt either of the procedures, Agbakoba said.
Buhari suspended Onnoghen as the CJN on January 25 over allegations of non-declaration of assets.
The President immediately sworn-in Justice Tanko Muhammad to replace Onnoghen in an acting capacity.
But Agbakoba, in his fresh suit before the Federal High Court in Lagos, said Onnoghen’s suspension by the President was illegal.
He urged the court to overturn it. The second defendant in the suit is the National Judicial Council.
The Senate had earlier filed a similar suit before the Supreme Court, contending that Onnoghen’s suspension by Buhari was not procedural as it did not have the input of the two-thirds majority of the Senate.
The Senate, however, withdrew the suit this week from the apex court, saying it would allow the NJC deal with the issues.
In an affidavit he filed in support of his suit, Agbakoba said, “I know that the Constitution of the Federal Republic of Nigeria 1999 provides for the removal of the Chief Justice of Nigeria and that the Chief Justice of Nigeria can only be removed based on the recommendation of the National Judicial Council or an address by the President supported by two-thirds majority of the Senate.
“I am fully aware that contrary to the provisions of the Constitution, the President suspended the Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen, based on an exparte order from the Code of Conduct Tribunal on the 25th of January 2019.”
No date has been fixed for hearing.
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