The Federal Government has filed a motion before the Code of
Conduct Tribunal, asking for the removal of the Chief Justice of
Nigeria, Justice Walter Onnoghen, be removed as the CJN and the
chairman of the National Judicial Council.
According to documents obtained on Saturday, the motion was
filed by Musa Ibrahim and Fatima Danjuma Ali on behalf of the
Attorney-General of the Federation on Thursday.
The move, according to the government, is aimed at ensuring that
Onnoghen is not a judge in his case and that the next in line of
seniority, Justice Ibrahim Muhammad, becomes the acting CJN pending
the determination of the substantive suit.
The plaintiff asked the court to compel President Muhammadu
Buhari to name the next most senior judge as the acting CJN and
chairman of the NJC.
The motion on notice was brought in pursuance of Section 6(6)
Paragraph 11 (1) of the Fifth Schedule, Part 1 of the Constitution
of the Federal Republic of Nigeria 1999 (as amended).
The Federal Government prayed the tribunal for an interlocutory
order “directing the defendant/respondent to step aside as the
Chief Justice of Nigeria and chairman of the National Judicial
Council over an allegation of contravening the provision of the
Code of Conduct Bureau and Tribunal Act CAP C15 Laws of the
federation of Nigeria 2004 pending the determination of the
case.
“An interlocutory order of the honourable tribunal directing the
President of the Federal Republic of Nigeria to take all necessary
measures to swear in the most senior Justice of the Supreme Court
as an acting Chief Justice and chairman of the National Judicial
Council in order to prevent a vacuum in the judicial arm of
government pending the determination of the case.”
Born on December 31, 1953 at Doguwa – Giade, a local government
area in Bauchi State, Justice Muhammad attended Ahmadu Bello
University where he received a bachelor’s degree in Law in
1980.
He later obtained a master’s degree and doctorate from the same
university in 1984 and 1998 respectively.
The fresh move against Onnoghen came after the National
Industrial Court, Abuja, had on Monday restrained the Chairman of
the CCT, Danladi Umar, the AGF, the Code of Conduct Bureau and the
police from removing Onnoghen.
This was pursuant to a motion ex-parte filed by a lawyer, Mr
Peter Abang.
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