Court Declines To Compel Fed Govt To Pay Ex-CJN Onnoghen N130m

A Federal High Court in Abuja has dismissed a suit seeking
N130million as damages from the Federal Government and Nigerian
Immigration Service (NIS) for violation of the rights of ex-Chief
Justice of Nigeria (CJN) Walter Onnoghen.

Justice Taiwo Taiwo held among others that the applicant, DR.
N.S Nwawka, filed the suit without Justice Onnoghen’s permission,
thus he had no locus standi.

In his October 12 ruling, the judge held: “I have looked at the
originating processes filed by the applicant herein, with due
respect to him, I do not see any nexus between him and the
respondents jointly or severally.

“I do not see his remote or immediate interest in the matter in
which he has not been instructed to file by the former Chief
Justice of the Federal Republic of Nigeria. I pose a question to
him and this is whether the Former CJN has told him that he is
incapable of fighting his own battle or that he is even ready for
any battle against anybody?”

The judge also declined to grant Nwawka leave to apply for a
referral of some “constitutional questions to the Court of Appeal”
for determination.

He held: “The applicant’s motion is incompetent as it is and I
therefore dismiss same….

“My conclusion is that the NPO is meritorious and I therefore
dismiss the action filed by the applicant. The action to say the
least is a waste of the time of the court. If the applicant has
time to file this type of unmeritorious action, the time of the
court is valuable and should not be wasted. Case dismissed.”

Nwawka, who appeared in person, brought the suit marked
FHC/ABJ/CS/16/2020 on January 7, 2020

At the hearing of the substantive case on July 15, he averred
that that sometime in 2019, Immigration officers stationed at the
international airport prevented the former CJN from travelling to
Ghana and confiscated his international passport without any prior
order of a court of competent jurisdiction.

He also alleged that the Federal Government has refused to pay
Onnoghen his terminal benefit and that there is no pending
prosecution of the former CJN to warrant such treatment.

Dr Nwawka said he approached the court as a concerned citizen to
enforce Onnoghen’s fundamental rights to travel in and out of
Nigeria unhindered and rights to freedom from inhuman, humiliating
and degrading treatment.

Besides the N130m as general and exemplary damages, he also
sought an order court directing the respondents to immediately
release Onnoghen’s international passport Number A50445233
confiscated since November 11, 2019, as well as a perpetual
injunction restraining the respondents from any further foreign
travel ban against the Fmr CJN.

But the government’s lawyer, Mrs Habiba U. Chime opposed him, on
the ground among others that Nwawka did not disclose how his legal
rights were affected by the acts complained of.

She argued that the applicant did not disclose any legal or
equitable interest of his that was attacked and that the suit was
wrongly commenced at the Federal High Court.

The 2nd respondent, was not represented nor filed any
process.

A Federal High Court in Abuja has dismissed a suit seeking
N130million as damages from the Federal Government and Nigerian
Immigration Service (NIS) for violation of the rights of ex-Chief
Justice of Nigeria (CJN) Walter Onnoghen.

Justice Taiwo Taiwo held among others that the applicant, DR.
N.S Nwawka, filed the suit without Justice Onnoghen’s permission,
thus he had no locus standi.

In his October 12 ruling, the judge held: “I have looked at the
originating processes filed by the applicant herein, with due
respect to him, I do not see any nexus between him and the
respondents jointly or severally.

“I do not see his remote or immediate interest in the matter in
which he has not been instructed to file by the former Chief
Justice of the Federal Republic of Nigeria. I pose a question to
him and this is whether the Former CJN has told him that he is
incapable of fighting his own battle or that he is even ready for
any battle against anybody?”

The judge also declined to grant Nwawka leave to apply for a
referral of some “constitutional questions to the Court of Appeal”
for determination.

He held: “The applicant’s motion is incompetent as it is and I
therefore dismiss same….

“My conclusion is that the NPO is meritorious and I therefore
dismiss the action filed by the applicant. The action to say the
least is a waste of the time of the court. If the applicant has
time to file this type of unmeritorious action, the time of the
court is valuable and should not be wasted. Case dismissed.”

Nwawka, who appeared in person, brought the suit marked
FHC/ABJ/CS/16/2020 on January 7, 2020

At the hearing of the substantive case on July 15, he averred
that that sometime in 2019, Immigration officers stationed at the
international airport prevented the former CJN from travelling to
Ghana and confiscated his international passport without any prior
order of a court of competent jurisdiction.

He also alleged that the Federal Government has refused to pay
Onnoghen his terminal benefit and that there is no pending
prosecution of the former CJN to warrant such treatment.

Dr Nwawka said he approached the court as a concerned citizen to
enforce Onnoghen’s fundamental rights to travel in and out of
Nigeria unhindered and rights to freedom from inhuman, humiliating
and degrading treatment.

Besides the N130m as general and exemplary damages, he also
sought an order court directing the respondents to immediately
release Onnoghen’s international passport Number A50445233
confiscated since November 11, 2019, as well as a perpetual
injunction restraining the respondents from any further foreign
travel ban against the Fmr CJN.

But the government’s lawyer, Mrs Habiba U. Chime opposed him, on
the ground among others that Nwawka did not disclose how his legal
rights were affected by the acts complained of.

She argued that the applicant did not disclose any legal or
equitable interest of his that was attacked and that the suit was
wrongly commenced at the Federal High Court.

The 2nd respondent, was not represented nor filed any
process.