Justice Walter Onnoghen has filed a suit against the Federal Government at the Court of Appeal to challenge his suspension as chief justice of Nigeria (CJN).
The appeal was filed on Monday by his lawyers, Wole Olanipekun (SAN), Adegboyega Awomolo (SAN), Kanu Agabi (SAN) and James Onoja.
President Muhammadu Buhari last week suspended Onnoghen following an ex parte order issued by the Code of Conduct Tribunal (CCT).
The suspended CJN based his suit on four grounds, asking the court to rule that the CCT order was null and void.
He said he was not given a fair hearing by the CCT before the order to swear-in Justice Tanko Muhammad was given.
The appeal reads in part: “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 National Judicial Council (NJC) on Tuesday met over Onnoghen’s suspension and gave the embattled judge seven days to respond to a petition filed against him.
Muhammad, the acting CJN, was also given seven days to respond to a petition against him over an alleged breach of NJC rules.
He was accused of making himself available to be sworn in as acting CJN without the approval of the NJC.
