The tension and anxiety generated over the
fate of the acting Chief Justice of Nigeria shifted to the court today, when
eminent lawyer and human rights activist, Ebun-Olu Adegboruwa, Esq., dragged
the President, the Vice-President, the Senate, the Naiontal Judicial Council,
Hon Justice Walter Onnoghen and the Attorney-General of the Federation, to
court, in order to preserve the office of the Chief Justice of Nigeria.
In the suit filed at
the Federal High Court, Lagos, Adegboruwa is asking the court to direct the
President, and in his absence the Vice-President, to forthwith forward the name
of Hon Justice Walter Onnoghen to the Senate for confirmation as the Chief
Justice of Nigeria, he is asking for an order of injunction to restrain the
President and the Vice-President from appointing another candidate for
presentation to the Senate, for the office of the Chief Justice of Nigeria,
apart from Hon.
Justice Walter Onnoghen, who is the most senior justice of the
Supreme Court and who has already been selected and recommended by the National
Judicail Council. Adegboruwa wants the court to stop the Senate from accepting,
entertaining, deliberating upon or considering the nomination of any other
candidate that may be forwarded to it by the President and the Vice-President,
apart from Hon Justice Walter Onnoghen, who has already been selected by the
National Judicial Council, he also seeks an order of injunction to restrain the
National Judicial Council from entertaining any request from the President and
the Vice-President, to consider another candidate for the office of the
Chief Justice of Nigeria, apart from Hon Justice Walter Onnoghen already
selected.
Mr. Adegboruwa also prayed the court to
forthwith direct Hon Justice Walter Onnoghen to assume and take over and be
performing and discharging the duties and functions of the office of the Chief
Justice of Nigeria, until such a time that the President would agree to forward
his name to the Senate for confirmation or until he retires at the mandatory
age of 70 years.
In a detailed 42 paragraph affidavit in support of the suit,
Adegboruwa traced the history of the previous appointments of all the Chief
Justices of Nigeria, stating that it has never been the style of the executive
to leave a vacuum in the highest judicial office of the land. He stated that
upon the coming into force of the 1999 Constitution, the President has no
discretion in the choice of candidate to occupy the office of the Chief Justice
of Nigeria, other than the person selected and recommended to him by the
National Judicial Council. Adegboruwa accused President Buhari of a negative
bais against the judiciary which he had openly declared as his headache,
stressing that the President is deliberately withholding the appointment of
Justice Onnoghen in order to destabilize the judiciary and to force him into
compulsory retirement, being a Christian from Southern part of Nigeria.
The lawyer accused the
President of a hidden agenda to perpetuate civilian dictatorship and to
implement his ethnic and religious agenda, by frustrating the first Chief
Justice of Nigeria from the South in the past 30 years. He cited in the new
suit, instances of the refusal of the President to obey the order of the Ecowa
court to release Col Sambo Dasuki, rtd, the order of the Federal High Court to
release Shite leader, Sheik Ibrahim El Zak Zaky, as precedents of the
preference of the President for a system of lawlessness, contempt and total
disregard for the judiciary and the rule of law.
The lawyer accused the Vice-President of
failing to act decisively as he did with the case of the EFCC chairman, whose
nomination he forwarded to the Senate in the absence of the President.
Adegboruwa maintained that by February 10, 2017, the judiciary will be
thrown into total chaos as there will be nobody to preside over meetings of the
NJC, there will be no chief justice to assign important appeals and there will
be no further appointment, promotion or discipline of judges.
Mr. Adegboruwa is seeking the following
reliefs from the Court:
“A. A
DECLARATION that under and by virtue of section 292 (i) (a) of the
Constitution of the Federal Republic of Nigeria, 1999, the failure, refusal or
omission of the 1st Defendant, and in his absence, the 2nd Defendant,
to forward the name of Honourable Justice Walter Onoghen, JSC, recommended to
him as the Chief Justice of Nigeria, to the Senate for its confirmation,
amounts to a compulsory retirement of the said Honourable Justice Walter
Onoghen, JSC, in a manner that is inconsistent with the due process of law and
is therefore unconstitutional, illegal, null and void.
B. A
DECLARTION that under and by virtue of
sections 292 (i) (a) of the Constitution of the Federal Republic of Nigeria,
1999, the Defendants are obliged to select, recommend, appoint or confirm the
appointment of the 4th Defendant as the Chief Justice of
Nigeria unless and until he is lawfully removed from office as the most senior
Justice of the Supreme Court having been so selected and recommended by the
National Judicial Council.
C. A
DECLARATION that under and by virtue of section 153(1), Paragraph 21
of the Third Schedule and section 231 (1-5) of the Constitution of the Federal
Republic of Nigeria, 1999, the National Judicial Council, 3rd Defendant
is the ONLY body authorized by law to select and recommend any candidate for
appointment as the Chief Justice of Nigeria and if and when such recommendation
is made, the 1stDefendant, and in his absence the 2ndDefendant,
cannot lawfully reject or by pass it to appoint another person as the Chief
Justice of Nigeria.
D. A
DECLARATION that under and by virtue of sections 153(1), Paragraph 21
of the Third Schedule and section 231 (1-5)f the Constitution of the Federal
Republic of Nigeria, 1999, the selection and recommendation of Honourable
Justice Walter Onoghen, JSC, for appointment as the Chief Justice of Nigeria by
the National Judicial Council is final and conclusive of the said appointment
and the decision of the 1stDefendant, and in his absence the 2ndDefendant,
in failing, refusing and omitting to forward the said selection and
recommendation to the Senate for its confirmation, is unlawful, invalid,
illegal and improper.
E. A
DECLARATION that under and by virtue of section 153(1), Paragraph 21
of the Third Schedule and section 231 (1-5) of the Constitution of the Federal
Republic of Nigeria, 1999, the 1stDefendant, and in his absence the
2ndDefendant, are not entitled in law to appoint any other person,
as the Chief Justice of Nigeria, other than the Honourable Justice Walter
Onoghen, JSC, already selected and recommended by the National Judicial
Council, which is the body empowered by law to so do.
F. A
DECLARATION that the Honourable Justice Walter Onoghen, JSC, is the
fit and proper person to be appointed as the Chief Justice of Nigeria, upon his
selection and recommendation by the National Judicial Council, and the 1stDefendant,
and in his absence, the 2ndDefendant, are obliged to forward his
name to the Senate for its confirmation.
G. A
DECLARATION that the Senate of the Federal Republic of Nigeria, is not
entitled to entertain, discuss, deliberate upon or in any other manner
countenance the appointment by the 1st Defendant, and in his
absence, the 2nd Defendant, of any candidate for confirmation,
other than the Honourable Justice Walter Onnoghen, JSC, being the person
lawfully selected and recommended by the National Judicial Council, as the
Chief Justice of Nigeria.
H. AN
ORDER directing the 1stDefendant, and in his absence the 2ndDefendant,
to forthwith forward the name of Honourable Justice Walter Onoghen, JSC, as the
Chief Justice of Nigeria, being the lawful candidate duly selected and
recommended by the National Judicial Council, to the Senate for its approval
and confirmation.
I. AN
INJUNCTION, restraining the 1st Defendant, and in his
absence the 2nd Defendant, their agents, officers, servants and
privies, from appointing, nominating or in any other manner presenting any
other person, to the Senate as candidate for confirmation as the Chief Justice
of Nigeria, other than the Honourable Justice Walter Onoghen, JSC, already
selected and recommended by the National Judicial Council, which is the body
empowered by law to so do.
J.
AN INJUNCTION, restraining the 3rd Defendant,
its agents, officers, servants and privies, from entertaining, selecting,
recommending or in other manner considering the candidature of any other
person, to the 1st Defendant as candidate for appointment as
the Chief Justice of Nigeria, other than the Honourable Justice Walter Onoghen,
JSC, already selected and recommended whist he is still in office as the most
senior Justice of the Supreme Court of Nigeria.
K. AN
INJUNCTION, restraining the 5th Defendant,
whether by itself, its respective members, its servants, agents, officers or
privies from receiving, entertaining, countenancing, considering, deliberating
upon or in any other manner acting upon any request, letter, application or
demand from the 1st Defendant and in his absence the 2nd Defendant,
for the approval, confirmation or endorsement of the candidature of any other
person, other than the 4th Defendant, Honourable Justice Walter
Onnoghen, as the Chief Justice of Nigeria.
L. AN
ORDER, directing the 4thDefendant,
Honourable Justice Walter Onneghen to assume, perform and discharge the all the
duties and functions of the Chief Justice of Nigeria, until such a time when
the 1st Defendant, and in his absence the 2nd Defendant,
forwards his name to the Senate for confirmation as the Chief Justice of
Nigeria, being the most senior justice of the Supreme Court.”
No hearing date has
been fixed for the suit.
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