- The federal government faults claims by the Rivers state government that the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen was illegally removed from office
- The attorney general of the federation, Abubakar Malami, through the solicitor-general of the federation argues that there is a clear distinction between suspension and removal from office
The federal government says President Muhammadu Buhari suspended Justice Onnoghen following a valid order made by a competent court
The federal government has dismissed the suggestion that the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, was illegally removed from office.
The attorney general of the federation, Abubakar Malami, on Thursday, February 28, explained that Justice Onnghen was suspended to enable him stand trial for the charge of breach of code of conduct, before the Code of Conduct Tribunal (CCT).
Malami made the statement through the solicitor-general of the federation (SGF), Dayo Apata, at a hearing of a suit filed by Cross Rivers state government in which it challenged Onnoghen’s suspension and asked that the decision be set aside, The Nation reports.
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“There is a clear distinction between suspension and removal. There is no evidence before the court to show that the CJN was removed or dismissed from office,” the solicitor-general argued.
He said that Justice Onnoghen’s suspension was not contrary to the constitution, noting that President Muhammadu Buhari acted on a valid order made by a competent court.
The solicitor also urged the court to dismiss the suit by the Cross River state government for lack of locus standi on the grounds that the subject matter does not qualify as a dispute between the Cross River state and the federal government of Nigeria.
“Our submission is that there is no 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 (CCT), he said.
“In the absence of any dispute, the original jurisdiction of this court cannot be invoked by the plaintiff. The office in question is the office of the Chief Justice of Nigeria, not the Chief Judge of Cross River
But the lawyer to the Cross Rivers state government, Lucius Nwosu, contended that the state had the right to challenge the removal of the CJN being an office created by the constitution with responsibilities
“The seat of the CJN is an institution specifically established by the Constitution of Nigeria, which also makes it tenured, to the effect that the occupant should stay there until his/her retirement age," Nwosu said.
“And the only way he/she can be removed before his/her retirement age, has also been stated in the Constitution. This dictates that even if there is any transgression, this procedure must be followed.”
After listening to the lawyers, a seven-man panel of the court, led by Justice Olabode Rhodes-Vivour adjourned to May 17 for further hearing.
Meanwhile, the Gombe state chapter of the Code of Conduct Bureau (CCB) has advised public servants to declare their assets as part of constitutional requirements.
Legit.ng gathered that the bureau's director in the state, Panyi Baira, gave the advice in an interview with News Agency of Nigeria (NAN) in Gombe on Tuesday, February 19.
He said the asset declaration is a constitutional requirement that has to be fulfilled by all government workers from the lowest government employee to the highest office in the country as required by law.
Onnoghen's Trial is Politically Motivated - APRJ | Legit TV
Source: Legit.ng
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