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| Dr. Olisa Agbakoba |
Rights
lawyer and a former president of the Nigerian Bar Association, Dr. Olisa Agbakoba
SAN, has charged the Attorney General of the Federation (AGF) and the National
Judicial Council (NJC) to court over the suspension of Justice Walter Onnoghen
as the Chief Justice of Nigeria (CJN).
lawyer and a former president of the Nigerian Bar Association, Dr. Olisa Agbakoba
SAN, has charged the Attorney General of the Federation (AGF) and the National
Judicial Council (NJC) to court over the suspension of Justice Walter Onnoghen
as the Chief Justice of Nigeria (CJN).
Dr. Agbakoba has also asked the Federal High Court sitting
in Lagos to declare as unconstitutional, President Muhammadu Buhari’s approach to
suspending Justice Onnoghen.
Agbakoba
prayed the court to determine, “Whether by the combined interpretation of
Section 153 (1)(i), Paragraph 21 (b) of the 3rd Schedule and Section 292 (1)
(a) (i) of the Constitution of the Federal Republic of Nigeria 1999 as
(amended) the Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu
Onnoghen can be suspended or removed from office except on the recommendation
of the National Judicial Council or the President acting on an address supported
by two-thirds majority of the Senate.”
prayed the court to determine, “Whether by the combined interpretation of
Section 153 (1)(i), Paragraph 21 (b) of the 3rd Schedule and Section 292 (1)
(a) (i) of the Constitution of the Federal Republic of Nigeria 1999 as
(amended) the Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu
Onnoghen can be suspended or removed from office except on the recommendation
of the National Judicial Council or the President acting on an address supported
by two-thirds majority of the Senate.”
He,
therefore, considering the legal
questions above, prayed the court for reliefs including a “declaration that by
the combined interpretation of Section 153 (1)(i), Paragraph 21 (b) of the 3rd
Schedule and Section 292 (1)(a) (i) of the Constitution of the Federal Republic
of Nigeria 1999 as (amended), the Chief Justice of Nigeria, Hon. Justice Walter
Samuel Nkanu Onnoghen cannot be suspended or removed from office except on the
recommendation of the National Judicial Council or the President acting on an
address supported by two-thirds majority of the Senate.
therefore, considering the legal
questions above, prayed the court for reliefs including a “declaration that by
the combined interpretation of Section 153 (1)(i), Paragraph 21 (b) of the 3rd
Schedule and Section 292 (1)(a) (i) of the Constitution of the Federal Republic
of Nigeria 1999 as (amended), the Chief Justice of Nigeria, Hon. Justice Walter
Samuel Nkanu Onnoghen cannot be suspended or removed from office except on the
recommendation of the National Judicial Council or the President acting on an
address supported by two-thirds majority of the Senate.
“Any
such further order or orders as the Honourable Court may deem fit to make in
the circumstance.”
such further order or orders as the Honourable Court may deem fit to make in
the circumstance.”
Agbakoba said that “the grounds of the claim is that Judicial Officers including the Chief Justice of Nigeria 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 or the President acting on an address supported by two thirds majority of the Senate.”
No date has been
fixed for the hearing.
fixed for the hearing.
