Godwin Tsa, Abuja
A five panel of Justices of the Supreme Court on Monday struck out an appeal challenging the removal of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen for want of deligent prosecution.
In a referral appeal on the subject matter, the appellant, Dr. Samuel Nwawka is challenging the constitutionality of Justice Onnoghen’s removal on a strength of an exparte order of the Code of Conduct Tribunal, which he submitted amounted to treasonable conduct.
However, a five member panel of the apex court led by Justice Bode Rhodes-Vivour struck out the appeal following the absence of the appellant and his legal representation in court.
When the appeal was called, neither the appellant nor his counsel were in court, as against the presence of two of the respondents.
National Judicial Council and the Head of Service of the Federation who were listed as 7th and 8th respondents were in court.
In his motion No; SC/1206/2019, Dr. Nwawka urged the apex court to invoke it’s powers under section 22 of the Supreme Court Act, and order 2 rule 28(3) of its rules, and determine the constitutional questions posed in the appeal.
He had equally prayed the court for an urgent hearing of the appeal pursuant to section to 295(3) of the 1999 constitution, by a full panel of the court with the exclusion of the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad.
The appellant prayed the apex court to determine whether 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 not unconstitutional, 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.
Among others, the appellant prayed the Supreme Court to determine whether the action of the first to six respondents in applying for, complexity in and ordering the removal of Justice Onnoghen before his appearance at the Code of Conduct Tribunal is not unconstitutional, arbitrary, outrageous and a flagrant violation of Onnoghen’s Rights to presumption of innocence.