News Supreme Court strikes out application challenging Onnoghen’s suspension

Supreme Court strikes out application challenging Onnoghen’s suspension

-

- Advertisment -
Supreme Court strikes out application challenging Onnoghen’s suspension
The Supreme Court has struck out a motion filed by the Rivers State Government challenging the suspension of Walter Onnoghen as Chief Justice of Nigeria.

The court on Friday said it lacked jurisdiction to entertain the matter and consequently dismissed the application.

Following the suspension of Mr Onnoghen in January, by an order of the Code of Conduct Tribunal, the Rivers State Government approached the Supreme Court with a request that the apex court should invoke section 232 (1) of the constitution to assume original jurisdiction on the matter.

The section provides thus: “The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. ”

The import of the above provision is that where the Supreme Court assumes original jurisdiction, a matter does not necessarily have to emerge from the lower court before it can be entertained by the apex court.

But in a reaction to the application, the federal government said the section relied upon by the Rivers State Government only allows the Supreme Court to assume original jurisdiction where the matter involves a particular state and federal government.

According to the court, the matter for which the instant application was brought does not involve a dispute between the Rivers government and the federal government.

In a judgement read out by Paul Galinje, the apex court agreed with the submissions of the federal government that it lacked jurisdiction to entertain the matter.

Consequently, the court upheld the objection raised by the solicitor general of the Federation, Dayo Apata, and ruled that it would not delve into the merit of the substantive application.

In a dissenting judgement delivered by Justice Mary Odili however, the judge said the section also allows the Supreme Court to assume original jurisdiction where the dispute involves any question on which the extent of a legal right depends.

She, therefore, held that the court had jurisdiction in the matter and decided to entertain the original application.

The Rivers State government had demanded the nullification of the January, 25 suspension of Mr Onnoghen, citing violations of the constitutional provisions.

In the dissenting judgement, Mrs Odili agreed with the submissions of the Rivers State government and allowed their application.

Mrs Odili presided over the five-member panel that gave the judgement.  (Premium Times)
Supreme Court strikes out application challenging Onnoghen’s suspension Supreme Court strikes out application challenging Onnoghen’s suspension
Supreme Court strikes out application challenging Onnoghen’s suspension
Parrot Nigeria
An online news aggregator

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Gates Foundation commits fresh $1.6bn to Gavi in preparation for COVID-19 vaccine

          The Bill & Melinda Gates Foundation has announced a five-year, US$1.6 billion commitment to Gavi, the Vaccine Alliance, to...

Nigeria seizes Dan Etete’s luxury private jet linked to OPL245 in Montreal

Nigeria has tracked down and grounded the luxury private jet purchased by its former oil minister Dan Etete with...

AfDB Approves $288.5m to Support Nigeria’s COVID-19 Response

              The Board of Directors of the African Development Bank (AfDB) has approved a $288.5 million loan to help Nigeria...

A vanishing generation: How older Nigerians are dying out in UK

                Migrants recount perils of ageing through the COVID-19 pandemic Lament rising body-count among elderly health workers Nobody presents as a fine...

Senior Advocate of Nigeria Badejo slumps, dies

              The legal profession on Friday lost two Senior Advocates of Nigeria (SANs), Chief (Sir) Alfred Oghogho Eghobamien and Sir...

Family seeks financial support to fly Majek home for burial

                The family of Late Majekodunmi Fasheke, popularly known as Majek Fashek has made a public plea for financial assistance...

TRENDING

‘Dominica Diplomatic Passport Sheilds Diezani from Arrest’

              A diplomatic passport obtained by former Minister of Petroleum...

Why Buhari reappointed Danbatta NCC boss – Pantami

            The Minister of Communications and Digital Economy, Dr Isa...
- Advertisement -

You might also likeRELATED
Recommended to you

FCMB Work from Home GTWorld