By Jennifer Y Omiloli
On Monday, the Supreme Court rejected a referral appeal seeking to determine the constitutionality or otherwise on the form and manner in which Nigeria’s immediate past Chief Justice, Justice Walter Onnoghen, was removed from office.
Justice Bode Rhodes-Vivour, who led a five-man panel of judges, threw the case out after Dr. Samuel Nwawka and his lawyer failed to appear in court.
Nwawka asked the supreme court to invoke section 22 of the Supreme Court Act in order to decide the constitutional questions relating to the manner in which the Federal Government had caused Onnoghen to be suspended as a CJN by an ex-parte request to the Code of Conduct Tribunal on 23 February.
He also prayed to the apex court to determine whether the first to six respondents ‘ action in applying for and ordering the removal of Onnoghen before his appearance at the Code of Conduct Tribunal is whether or not the right of the ex-CJN to presume innocence is constitutional, arbitrary, outrageous and flagrantly violated.
The Federal Government, Abubakar Malami, Justice Tanko Muhammad, Dr. Mohammed Isah (CCB Chairman), Danladi Umar (CCT Chairman), Hon. Julie Anabor (CCT member), National Judicial Council, Head of Service of the Federation and the Senate were joined as respondents to the appeal.
