Godwin Tsa, Abuja
The Supreme Court in a split decision of six to one dismissed the suit filed by the Cross River State government challenging the suspension and trial of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen for being incompetent.
Cross River State had in a suit marked SC/145/2019 filed by its Attorney General challenged the suspension and trial of Justice Onnoghen at the Code of Conduct Tribunal (CCT). The state equally asked the apex court to quash the charge against Onnoghen, who is an indigene of the state.
But in a majority judgment, six out of the seven justices of the court on the panel held that the plaintiff lacked the requisite locus standi to institute the suit. Justices of the Supreme Court who agreed with the majority judgment delivered by Justice Paul Galilje were Justices Olabode Rhodes-Vivour, Musa Daitijo Mohammed, Kudirat Kekere-Ekun, John Inyang Okoro and Sidi Bage.
Justice Odili, who dismissed the preliminary objection filed by the federal government, held that it was proper for the plaintiff to bring the action.
In her dissenting judgment, Justice Odili held that the Code of Conduct Tribunal (CCT) lacked the jurisdiction to adjudicate on the criminal charge against Onnoghen. She held that as a judicial officer, the matter ought to have been handled by the National Judicial Council (NJC) first as in Nganjiwa Vs Federal Republic of Nigeria (2017).
At the last adjourned date when the case came up, counsel for the plaintiff, Locius Nwosu (SAN) had urged the court to grant the reliefs sought by the state, while counsel to the defendants and the Solicitor-General of the Federation, Dayo Akpata in his notice of preliminary objection urged the court to dismiss the suit on the ground that the plaintiff lacked the locus standi to institute the action.
In a notice of preliminary objections filed by Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), the Federal government further challenged the jurisdiction of the court to entertain the matter on the grounds that “there is no dispute between the defendants in this suit and the plaintiff as envisaged under section 232(1) of the 1999 constitution (as amended)
The Federal government also contends “the subject matter of this suit is personal to Hon. Justice Onnoghen Nkanu Walter Samuel and does not in any way affects the Cross River State government as to confer it with the locus to institute this suit.
“The reliefs and claims made herein by the plaintiff are not for the benefit of Cross River State but personal to Hon. Justice Onnoghen Nkanu Walter Samuel”.
Besides, Akpata informed the apex court that the subject matter of the suit is already before the Court of Appeal, which has reserved judgment.
He submitted that the action of the Cross River State amounted to “forum shopping and an abuse of court process.”
The plaintiff counsel, on the other hand, had insisted that the case of his client is different from the appeal filed by Justice Onnoghen at the Court of Appeal.