Admin l Monday, Feb. 04, 2019
ABUJA, Nigeria – The Senate has discontinued the suit it filed challenging the suspension of the Chief Justice of Nigeria, Hon. Justice Walter Nkanu Onnoghen. The Senate filed the suit after President Muhammadu Buhari suspended the CJN and appointed Justice Tanko Mohammed as Acting Chief Justice of Nigeria.
The Senate had in the suit filed January 28, and marked SC.76/2019, prayed the Supreme Court apex court to declare Onnoghen’s suspension, which was without the support of two-thirds majority of the Senate, a violation of Section 292(1)(a)(i) of the Constitution.
It asked Supreme Court for an order reinstating Justice Onnoghen as the CJN. The suit also asked the apex court to issue an order restraining the two defendants in the suit – President Buhari and the AGF, Mr. Abubakar Malami – from continuing or repeating the violation of the Constitution and disregarding the power of the Senate in respect to the suspension of the CJN
The Senate, through its lawyer, Erokoro, argued that the President could not, on the directive of the CCT, suspend the CJN without the two-thirds majority of the Senate or appoint Muhammad as the Acting CJN without Senate’s confirmation.
But the Senate on its tweeter handle to day said it has ordered the continuation of the suit following intervention of the National Judicial Council(NJC).
“The Senate has ordered the discontinuation of the case it filed at the Supreme Court on the suspension of Hon. Justice Walter Nkanu Onnoghen. This follows the intervention of the National Judicial Council (NJC) on the issue”, the Senate said
