Chief Justice of the Federation, Walter Onnoghen (CJN) has filed a suit against the Federal Government over his “unlawful” suspension as CJN.
The suit was filed by his lawyers- Wole Olanipekun, Adegboyega Awomolo, Kanu Agabi and James Onoja.
Presiden Muhammadu Buhari had last Friday suspended the CJN, claiming he relied on an ex parte order from the Code of Conduct Tribunal (CCT).
Mr. Onnoghen, who is accused of false assets declaration, argues in the case that the CCT order was null and void and therefore his suspension illegal.
Part of the suit read, “The chairman and a member of the Code of Conduct Tribunal erred in law and violated the right of the appellant (Onnoghen) to a fair hearing when they made the order ex parte that he (Onnoghen) shall step aside as CJN and Chairman of the National Judicial Council over allegations of contravening provisions of the Code of Conduct and Tribunal Act Cap C15 Laws of the Federation 2004 pending the determination of the motion on notice dated January 10, 2019.”
The CJN was standing trial at the CCT but on Monday the CCT indefinitely adjourned sitting over Onnoghen’s prosecution.
The adjournment was announced by the Chairman of the tribunal, Justice Danladi Umar following a stay of prosecution order by the Court Appeal in Abuja.
Justice Onnoghen’s lead counsel and former minister of Justice, Kanu Agabi had earlier told the tribunal that a stay of prosecution of Justice Walter Onnoghen has been ordered by the Court of Appeal.
The tribunal chairman, while acknowledging the stay of prosecution order, adjourned the case sine die.