The Supreme Court has dismissed the application challenging the legality of the removal of former Chief Justice of Nigeria, Walter Onnoghen filed by one Samuel Nwawka under a referral appeal, .
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 Muhammadu Buhari led Presidency had caused the suspension of Onnoghen as CJN through an ex-parte application at the Code of Conduct Tribunal on February 23, 2019.
Nwawka had prayed the apex court to determine whether or not the action of the respondents in applying for and ordering the removal of Onnoghen before his appearance at the Code of Conduct Tribunal was constitutional or arbitrary, outrageous and a flagrant violation of Onnoghen’s rights to the presumption of innocence.
It would be recalled that President Muhammadu Buhari suspended Onnoghen following an accusation of false asset declaration against him by the Code of Conduct Bureau. The Code of Conduct Tribunal later found Onnoghen guilty of false declaration of assets in breach of the provisions of the Code of Conduct Bureau for public officials.
The Chief Justice later tendered his resignation, which was after a delay, accepted by the President.