Supreme Court strikes out ex- CJN Onnoghen’s referral appeal – TheNigerialawyer

The Supreme Court on Monday struck out a referral appeal praying
the court to determine the constitutionality or otherwise of the
removal of Justice Walter Onnoghen as the Chief Justice of
Nigeria.

The referral appeal filed by Dr Samuel Nwawka was struck out by
Justice Bode Rhodes-Vivour, who led five justices after the
appellant failed to appear and was not legally represented.

Nwawka had approached the Apex Court to invoke section 22 of the
Supreme Court Act to determine Constitutional questions relating to
the ways and manners the Federal Government caused the removal of
Onnoghen as CJN through an ex-parte application at the Code of
Conduct Tribunal on February 23, 2019.

The appellant prayed the apex court to determine whether or not
the action of the first to six respondents in applying for and
ordering the removal of Onnoghen before his appearance at the Code
of Conduct Tribunal is constitutional, arbitrary, outrageous and a
flagrant violation of Onnoghen’s Rights to the presumption of
innocence.

Respondents in the appeal are Federal Government, Abubakar
Malami, Justice Tanko Muhammad, Dr Mohammed Isah (CCB Chairman),
Danladi Umar (CCT Chairman), Honourable Julie Anabor (CCT member),
National Judicial Council, Head of Service of the Federation and
the Senate as 1st to 9th respondents respectively.(NAN)