On Thursday the Supreme Court has fixed delivery of judgment for May 17, 2019 in a suit by Cross River State Government seeking to set aside the suspension of the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen.
The Cross River State Government led by Governor Ben Ayade had approached the Supreme Court challenging the six-count charge against the suspended Chief Justice of Nigeria, CJN, Justice Walter Onnoghen for non-declaration of assets.
The Government wants the court to set aside the suspension and trial of Justice Onnoghen at the Code of Conduct Tribunal, CCT.
A seven-man panel of the court, led by Justice Olabode Rhodes-Vivour, after taking arguments from parties fixed the date on Thursday after taking arguments from lawyer to parties.
Lucius Nwosu (SAN) argued on behalf of the plaintiff (Cross River State), while Dayo Apata, Solicitor General of the Federation (argued for the defendants – the Federal Republic of Nigeria and the Attorney General of the Federation).
The plaintiff’s contention is that Onnoghen’s suspension or removal from office by President Muhammadu Buhari, based on an ex-parte order by a lay magistrate (the Chairman of the Code of Conduct Tribunal) violates the Constitution, particularly Section 292(1).
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