Onnoghen’s resignation: 25 lawyers discontinue suit against Buhari, Ag CJN

Andrew Orolua, Abuja

Following the resignation of the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen last Thursday, 25 lawyers who had filed a suit challenging his suspension have approached the Federal High Court in Abuja, praying it to discontinue further hearing of the matter.

The suit had challenged what they termed as the illegal suspension of Justice Onnoghen by President Muhammadu Buhari.

The plaintiffs led by human rights activist, Mr. Johnmary Jideobi, said they decided to discontinue the suit after they got information that Justice Onnoghen had succumbed to pressure and voluntarily tendered a resignation letter to the President.

They told the court that pursuing the legal action to its logical conclusion would amount to “crying more than the bereaved,” notwithstanding the fact that the matter was earlier fixed to be heard on May 23.

The lawyers have on January 26 this year sued Buhari, the National Judicial Council (NJC), the acting Chief Justice, Justice Tanko Muhammad and the suspended Onnoghen in the suit marked FHC/ABJ/CS/113/2019.

They had claimed in a 30-paragraph affidavit that was deposed to by the first plaintiff that President Buhari acted beyond his powers by suspending Onnoghen without recourse to the NJC.

Therefore, they prayed the high court to determine “whether by the combined interpretation of Section 153 (1) (i) paragraph 21(a) of the third schedule and Sections 271, 291, 292 and 231 of the amended 1999 Constitution and especially, in view of the Supreme Court’s decision in Elelu-Habeeb vs. AGF (2012) 13 N.W.L.R. (Pt. 1318), there exists any authority in the first defendant (Buhari) to suspend the fourth defendant (Onnoghen) as the chief justice of Nigeria?

“Whether by the combined interpretation of Section 153(1) (i) paragraph 21(a) of the third schedule and Sections 271, 291, 292 and 231 of the amended 1999 Constitution, especially in view of the Supreme Court’s decision in Elelu-Habeeb vs. AGF (2012) 13 N.W.L.R. (Pt. 1318), the purported suspension of the fourth defendant as the chief justice by the first defendant on January 25 is not unconstitutional?”

Upon determination of the questions, the plaintiffs, asked the court to hold that Buhari lacked the constitutional powers to suspend Onnoghen.