Onnoghen may seek Umar’s ineligibility today as S’Court begins Senate suit Tuesday
Strong indications emerged weekend that barring any last minute change of tactics, defence team of embattled Chief Justice of Nigeria, Justice Walter Onnoghen, may seek the self-disqualification of the chairman of Code of Conduct Tribunal as his trial begins today.
The new move seems to be coming from the fact the CCT chairman, Justice Danladi Umar had been earlier charged by the EFCC for graft related offences which legal observers say, is enough to knock him out in the trial of another charged with similar offences.
Besides, the Supreme Court has fixed tomorrow, Tuesday for the hearing of the suit filed by the Senate to challenge the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.
Law experts, who spoke to Business Hilights weekend, argued that for the fact that the matter remains a constitutional issue in need of judicial interpretation, it would be heard by a full panel of seven Justices of the Supreme Court.
Whereas there are indications that the troubled Acting CJN, Justice Tanko Muhammad, who had few days remaining to reply the query handed over to him by the National Judicial Council (NJC) would not be on the seven-man bench based on his involvement inter-alia.
However, some are hopeful that he would rather be the one to pick the seven Justices of the apex court to hear the suit or assign it to one of the already existing panels.
Already, the Federal Government seems well prepared for the legal fireworks as the Office of the Attorney General of the Federation, had, as of Saturday, prepared its defence and would file it on Monday ahead of the Tuesday’s hearing.
Business Hilights recalls that the trouble that compelled Senate to approach the Supreme court to seek constitutional interpretation had started when President Muhammadu Buhari on January 25, suspended Onnoghen on the basis of an ex parte order issued by the CCT where the Federal Government had charged the CJN with six counts of non-declaration of assets.
The President had immediately sworn in the next most senior Justice of the Supreme Court, Justice Muhammad, as the Acting CJN without recourse to the Senate.
Accordingly, the upper legislative chambers in its wisdom, filed on January 28, a suit marked SC.76/2019, asking the apex court to declare Onnoghen’s suspension, which was without the support of two-thirds majority of the Senate, was a violation of Section 292(1)(a)(i) of the Constitution.
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.
Additional prayers of the Senate in the suit include the reinstatement of suspended Justice Onnoghen as the substantive CJN.
Besides, the Senate is also praying the apex court to issue an order restraining the two defendants in the suit – President Buhari and the AGF, Mr. Abubakar Malami – from continuing the violation of the Constitution and usurping the power of the Senate in respect to the suspension of the CJN.
It would be recalled that the approach to the Supreme Court encouraged the Senate to accordingly, step down its planned reconvening last week Tuesday to look at the same matter.
