THE Federal Government and Attorney General of the Federation (AGF) have asked the Supreme Court to decline jurisdiction over a suit seeking its intervention in the trial of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

The FG and the AGF contended that Onnoghen’ trial was personal to him and could only involve the Supreme Court, where an appeal arises from the Court of Appeal on a decision reached either during or after the trial at the CCT.

Their position is contained in a notice of objection they filed against a suit instituted at the Supreme Court by Cross River State.

The state government, in their originating summons, queried the propriety of Onnoghen’s trial before the CCT and urged the Supreme Court to declare it illegal on the grounds that it was only the National Judicial Council (NJC) that could exercise disciplinary powers over a serving judge.

In their objection, the FG and AGF (listed as defendants in the suit), argued that the subject of the case did not qualify as a dispute between the Cross River State and the Federal Government, as envisaged under Section 232(1) of the Constitution.

They added: “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 Justice Onnoghen Nkanu Walter Samuel.

“The alleged cause of action in the subject matter of this suit is not one that creates the existence or extent of a legal right between the Cross River State Government, in its capacity as a state and the defendants in this suit as stated under Section 232(1) of the Constitution.

“The Honourable Justice Onnoghen Nkanu Walter Samuel, being an indigene of Cross River State and the highest judicial officer from the state does not confer on the plaintiff the locus to institute this suit.

“The fact that the suit partly relates to the interpretation of the Constitution does not confer on the plaintiff the locus to invoke the original jurisdiction of this honourable court.”

The plaintiff, in their originating summons, want the court to among others, declare that, by the provisions of sections 4, 5, and 6 of the Constitution, there a clear recognition of the doctrine of separation of powers and checks and balances in relation to the operations of the three arms of government.

The Cross River State wants the court to declare that, by virtue of the provisions of sections 153(1), 158(1(, Paragraph 21(b) of Part 1 of the Third Schedule to Constitution, it is the NJC that is exclusively empowered to recommend to the President or Governor the appointment/removal of any judicial officer.

It also seeks a declaration that the CCT, not being the NJC, is not vested with the jurisdiction over any judicial officer for an alleged official misconduct on the part of a judicial officer, without a formal complaint of such official misconduct being first made to and investigated by the NJC.

The plaintiff equally wants the Supreme Court to declare that the filing of the charge, before the CCT, against Onnoghen, being a judicial officer, without any formal complaint having been made against him to the NJC, robbed the CCT of jurisdiction to try the charge and all the proceedings relating thereto, amount to a nullity.

It, therefore, urged the court to grant an order of injunction, restraining the defendants and their agents from further initiating or proceedings with any similar charge or charges against Onnoghen or any judicial officer of the superior court created by the Constitution, until a formal report of misconduct is first, made to and investigated by the NJC.

At the Supreme Court yesterday, lawyer to the defendants, Dayo Apata (who is the Solicitor General of the Federation), told the court that his clients have just filed some processes, including a memorandum of appearance, notice of preliminary objection and a counter affidavit to the originating summons.

Apata said he was able to serve the processes on the plaintiff’s lawyer shortly before the court began sitting yesterday.

Lawyer to the plaintiff, Lucius Nwosu (SAN), acknowledged the service of the defendants’ processes on him.

Nwosu said, in view of the importance of the case, he would urge the court to grant a short adjournment to enable him respond to the defendant’s processes.

Justice Olabode Rhodes-Vivour, who presided over a seven-man panel of the court, adjourned to February 28 for the hearing of the defendants’ objection along with the substantive suit.


http://thenationonlineng.net/fed-govt-agf-ask-supreme-court-to-stay-off-onnoghens-case/

Whoever told ayade to go to court is not well

crestedaguiyi:
Whoever told ayade to go to court is not well

Hahah

The Supreme Court overseen by Tanko Muhammad?

That Ben Ayade guy na real idiot I swear...even Roaches get sense pass the fool...

Yup. No standing. They need to sit down.

The place of standing to sue is clearly not available! Meddlesome interloper!! The Supreme Court should have no difficulty in peremptorily dismissing the Suit of the Cross Rivers State Government as the instances where the original jurisdiction of the Supreme Court can be invoked are clear and unambiguously stated in the Constitution. Some lawyers ought to be sanctioned for instituting grossly spurious and baseless lawsuits in court!

So some people are still on this Onnoghen matter in this election period??.
I think the wisest thing for all party concerned is to chill till after election when everybody would know where they belong and I believe the NJC is also footdragging on the matter so as to know which way the election will swing before making their recommendations.

Walter will face the consequences of all his CORRUPT actions along with all the people that bribed him.

Thieves and CRIMINALS EVERYWHERE.

The Supreme Court should entertain the case since the cowardice NASS withdrew theirs. Thanks to Cross River State government led by Ayade

A meat seller eating bones always..

daddytime:
That Ben Ayade guy na real idiot I swear...even Roaches get sense pass the fool...

Small children every where in nairaland a governor na idiot? Your father or you ever dreamt of being one ?


Let me not even join issues with you.

The real judgement is here and that is,sending Buhari back to Daura.

Buhari has messed Nigeria up

ANY YORUBA MAN THAT VOTES PDP IS A FOOL. REASON; NO YORUBA IN THE HIERARCHICAL STRUCTURE OF PDP


FORGET THE HULLABALOO...IGBO'S SUPPORT FOR ATIKU IS BECAUSE OF PETER OBI. THERE'S NOTHING COMPETENT ABOUT A KNOWN THIEF. WHAT IS YOUR REASON FOR SUPPORTING PDP AS A YORUBA MAN?

Blainz:
ANY YORUBA MAN THAT VOTES PDP IS A FOOL. REASON; NO YORUBA IN THE HIERARCHICAL STRUCTURE OF PDP


FORGET THE HULLABALOO...IGBO'S SUPPORT FOR ATIKU IS BECAUSE OF PETER OBI. THERE'S NOTHING COMPETENT ABOUT A KNOWN THIEF. WHAT IS YOUR REASON FOR SUPPORTING PDP AS A YORUBA MAN?

Hahaha, u don see ur Broda osinbade in apc cabal?

Hmmm

Blainz:
ANY YORUBA MAN THAT VOTES PDP IS A FOOL. REASON; NO YORUBA IN THE HIERARCHICAL STRUCTURE OF PDP


FORGET THE HULLABALOO...IGBO'S SUPPORT FOR ATIKU IS BECAUSE OF PETER OBI. THERE'S NOTHING COMPETENT ABOUT A KNOWN THIEF. WHAT IS YOUR REASON FOR SUPPORTING PDP AS A YORUBA MAN?

How about your brother that they locked out of the meeting with security chiefs? What a figure head in APC's hierarchical structure

What a beautiful day today as Jumia vendor set to give 40% discount price of some particular product powered by atiku's movement. Some product like executive icon perfume for atikulated men and lady magnifique for atikulated women. The executive icon perfume has been selected specially for the men due it's unique fragrance and of course as it's name implies "icon", we would say that alh. Atiku abubakar is an icon of respect and justice that has come to rescue Nigerians from all problems and pain brought by the past regime. This product can only be purchased from Jumia best selling vendor of store name "Billionaires exclusive" and this offer is valid till stock last. More also it has being randomly observed that over 14 millions people trade on Jumia of which a great number of people are in support of the PDP government. so what are you waiting for, let us all join together and support Atiku's movement and let Love heal the world. God bless Nigeria. VOTE ALJ. ATIKU ABUBAKAR, PDP Presidential candidate.

Papa bureau de change...

[quote author=Blainz post=75978972]ANY YORUBA MAN THAT VOTES PDP IS A FOOL. REASON; NO YORUBA IN THE HIERARCHICAL STRUCTURE OF PDP


FORGET THE HULLABALOO...IGBO'S SUPPORT FOR ATIKU IS BECAUSE OF PETER OBI. THERE'S NOTHING COMPETENT ABOUT A KNOWN THIEF. WHAT IS YOUR REASON FOR SUPPORTING PDP AS A YORUBA MAN?[/quo
Yoruba support for APC is because of Osinbanjo the errand boy recently made as baba lajo.

mustmust:


Small children every where in nairaland a governor na idiot? Your father or you ever dreamt of being one ?


Let me not even join issues with you.

but u can call ur. president lifeless an idiot....?

A joke

mustmust:


Small children every where in nairaland a governor na idiot? Your father or you ever dreamt of being one ?


Let me not even join issues with you.

You nitwit...

I see how your Ayade became a governor from his mother's womb and is obviously the best thing since sliced bread.

The guy has given a new face and name to moronism...