Agbakoba Drags AGF To Court Over Justice Onnoghen’s Suspension
A former President of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), has dragged the Attorney General of the Federation, Abubakar Malami (SAN) before the Federal High Court in Lagos, over the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, by President Muhammadu Buhari.
He predicated his argument on the grounds that Judicial Officers including the Chief Justice of Nigeria enjoy Judicial Immunity and have constitutionally guaranteed tenure of office that can only be interfered with by the administrative action of the National Judicial Council (NJC) or the President acting on an address supported by two thirds majority of the Senate.
In an affidavit attached to the suit, the lawyer stated that on January 25, 2019 President Buhari pursuant to an Ex-parte Order of the Code of the Conduct Tribunal purportedly suspended Justice Onnoghen and purportedly swore in Hon. Justice Tanko Mohammed as the Acting Chief Justice of Nigeria.
He also claimed that he was aware that there is public outrage as a result of the suspension of Justice Onnoghen.
“I also know that there are different views about whether the President of Nigeria can suspend the Chief Justice of Nigeria as he did. I know that the Constitution of the Federal Republic of Nigeria 1999 provides for removal of the Chief Justice of Nigeria and that the Chief Justice of Nigeria can only be removed based on the recommendation of the National Judicial Council or an address by the President supported by two third Majority of the Senate.
‘’I am fully aware that contrary to the provisions of the Constitution, the President suspended the Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen, based on an Ex-parte Order from the Code of Conduct Tribunal on 25th of January 2019.
“I am aware that the National Judicial Council (NJC) will on February 11, 2019 determine petitions on the suspension of Hon. Chief Justice of Nigeria, Justice Walter Samuel Nkanu Onnoghen and the swearing in of Hon. Justice Tanko Mohammed as the Acting Chief Justice of Nigeria.
“The decisions of the NJC are purely administrative. I believe it is in the public interest for the court to declare the law as relates to the suspension or removal of the Chief Justice of Nigeria.
“I verily believe that it is in the national interest and constitutionalism and due administration of justice to grant the reliefs sought on this Summons by the Plaintiff.
“I depose to this Affidavit conscientiously and in good faith believing the content to be true, correct and in accordance with the Oaths Act, Agbakoba averred.
No date has been fixed for the hearing of the suit.
