- Former CJN Onnoghen's referral appeal has been struck out by the Supreme Court
- The appeal was to determine the legality or otherwise of his removal as CJN
- In his judgement, Justice Bode Rhodes-Vivour, however, said the appeal was not legally presented
The appeal filed by Samuel Nwawka, the counsel to the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to determine the constitutionality or otherwise of his removal as CJN was on Monday, November 4, struck out by the Supreme Court.
Legit.ng gathered that the referral appeal was struck out by Justice Bode Rhodes-Vivour, who led five justices, after the appellant failed to appear and was not legally represented.
It was reported that Nwawka had approached the apex court to invoke section 22 of the Supreme Court act to determine constitutional questions relating to the ways and manners the federal government caused the removal of Onnoghen as CJN through ex-parte application at the Code of Conduct Tribunal (CCT) in February.
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 CCT was not constitutional, arbitrary, outrageous and a flagrant violation of Onnoghen’s rights to the presumption of innocence.
According to the News Agency of Nigeria (NAN), respondents in the appeal are the federal government, justice minister Abubakar Malami, Chief Justice of Nigeria Tanko Muhammad, Mohammed Isah (CCB chairman), Danladi Umar (CCT chairman), Julie Anabor (CCT member), National Judicial Council, Head of Service of the Federation and the Senate as 1st to 9th respondents respectively.
Meanwhile, Legit.ng had previously reported that president of the Nigerian Bar Association (NBA), Paul Usoro, accused President Muhammadu Buhari-led federal government of undermining the independence of the judiciary in the country.
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