TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Senate approaches Supreme Court to reinstate Onnoghen, cancels plenary today

The Citizen by The Citizen
January 29 2019
in Governance, Headlines
A A
0
Senate approaches Supreme Court to reinstate Onnoghen, cancels plenary today

The Senate on Monday filed a suit before the Supreme Court praying for among others, an order reinstating Justice Walter Onnoghen as the Chief Justice of Nigeria.

The Senate action came after it cancelled its scheduled plenary earlier billed for Tuesday (today).

The Clerk of the Senate, Mr Nelson Ayewoh, who announced the cancellation in a statement signed by him, did not give reasons for the action.

He only explained that the federal lawmakers would resume on February 19.

But the Special Adviser (Media) to the Senate President, Mr. Yusuph Olaniyonu, in a statement explained that the cancellation was due to the last-minute decision by the Senate leadership to seek judicial interpretation to Onnoghen’s suspension by President Muhammadu Buhari on Friday.

In the suit marked SC.76/2019,  the Senate asked the apex court to declare the suspension of Onnoghen without a support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the constitution.

The suit also asked the apex court to issue an order restraining the two defendants in the suit – President Buhari and the Attorney-General of the Federation, Mr Abubakar Malami – from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect to the suspension of the CJN.

The three prayers sought by the Senate read, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the constitution and therefore null and void.

“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as the Chief Justice of Nigeria and restoring him to the said office.

“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”

Buhari had while announcing the suspension of Onnoghen hinged his decision on an ex parte order made by two of the three members of the Code of Conduct Tribunal where Onnoghen had been charged with six counts of non-declaration of assets.

The CCT order had directed the CJN to step aside from office pending the conclusion of his trial and ordered the President to swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.

But the Senate, through its counsel, Mr. Paul Erokoro (SAN), has,  in its suit which was filed on Monday, faulted the President’s action.

It argued that the President could not on the directive of the CCT suspend the CJN without two-thirds majority of the Senate or appoint Muhammad as the acting CJN without Senate’s confirmation.

The plaintiff submitted two questions for determination.

One of the questions is if having regard to section 292 and Part 1 of the Third Schedule to the Nigerian Constitution and section 21 of the Code of Conduct Bureau and Tribunal Act, the President could not “suspend” or “prevent” the CJN from performing the functions of his office “on the directive of the Code of Conduct Tribunal or for any reason whatsoever, without an address supported by two-thirds majority of the Senate calling for the removal of the Chief Justice of Nigeria.”

The other question for determination read, “Having regard to section 231 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and in particular, sub-sections (1) and (4) thereof, can the President of the Federal Republic of Nigeria appoint an acting Chief Justice of Nigeria when there is no vacancy in that office and when the substantive Chief Justice of Nigeria is fit and able to perform the functions of the office and without the recommendation of the National Council and confirmation of such appointment by the Senate.”

A Legal Assistant in the Office of the Senate President, Mr. Sambo Idahi, in an affidavit filed in support of the suit, said he attended a meeting of the principal officers of the Senate held on January 25, 2019 when the issue of Onnoghen was extensively discussed.

He said the meeting discussed the CCT’s ex parte order which the President anchored his action on and the swearing-in of Justice Muhammad as the acting CJN.

According to Idahi, Saraki informed the meeting that he was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue.

He added that Saraki said Buhari had never requested the Senate’s approval of Justice Muhammad as the acting CJN.

The affidavit read in part, “On Friday, the 25th day of January, 2019, at about 5.40 pm, I was present at a meeting in the Senate Building attended by Principal Officers of the Senate, where the suspension of the Chief Justice of Nigeria was extensively discussed.

“The discussions at the meeting centred on the public announcement made by the President of Nigeria, General Muhammadu Buhari, on the 25th day of January, 2019, in which he revealed that he had suspended the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and appointed Hon. Justice l. T. Muhammad as the Chief Justice of Nigeria in an acting capacity. The President’s address during the swearing-in of Hon. Justice Ibrahim Tanko Muhammad was also discussed at the meeting as well as the ex parte order made by the Code of Conduct Tribunal on which the President had acted.

“Hereto shown to me and marked Exhibit A is the said President Muhammadu Buhari’s address. The tribunal’s ex parte order is Exhibit B herein.

“I printed out Exhibits A and B from a HP desktop Computer and HP Laser Jet Pro 4ooMo1a in the office of the Senate President. We use the computer and printer aforesaid daily in the normal work of the Senate and throughout the period of their use, both have functioned accurately. Information has been regularly supplied to the computer in the ordinary cause of those activities information of the kind from which the exhibits were derived and the computer and printer have behaved properly and nothing has ever happened to make us question their reliability and accuracy.

“The President of the Senate informed the meeting that the Senate was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue or present an address to the President for the removal or suspension of the Chief Justice of Nigeria.

“The Senate President and other persons at the meeting repeatedly stated that the Senate had never met to vote on the removal or suspension of the Chief Justice of Nigeria and that no address had been passed by the Senate and presented or sent to the President of Nigeria for the Chief Justice to be removed or suspended.

“The meeting also noted that the Senate was not requested to confirm and did not confirm the appointment of Hon Justice l. T. Mohammed as acting Chief Justice.”

Previous Post

CCT adjourns Onnoghen’s trial indefinitely

Next Post

BREAKING: ‎Reps approve N30,000 new minimum wage

Related Posts

BREAKING: Labour begins nationwide strike Monday over new minimum wage
Headlines

NLC draws battle line with FG, gives 14-day ultimatum on petrol, wages

October 9 2026
FAAN to shut down Imo Airport for 25 days
Governance

FAAN to shut down Imo Airport for 25 days

October 9 2026
Nigerians need affordable fuel – Punch
Headlines

FG unveils 10 measures to cushion impact of rising petrol prices

October 9 2026
Fuel stations to operate longer hours to aid petrol supply
Headlines

FG offers 30-day petrol discount through NNPC

October 9 2026
INEC smashes another PVC rumour, explains IVED
Headlines

2027: INEC displays voter register, begins PVC distribution

October 9 2026
Abducted corps members in Imo regain freedom
Headlines

Abducted corps members in Imo regain freedom

October 7 2026
Next Post
The strike over minimum wage – Thisday

BREAKING: ‎Reps approve N30,000 new minimum wage

Dogara officially announces APC exit, PDP return

Dogara officially announces APC exit, PDP return

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

ODDITIES

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

Residents find lifeless body in Akwa Ibom gutter, police begin probe

New co-tenant absconds with neighbour’s children in Akwa Ibom

by The Editor
September 17 2026
0

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

GLOBAL NEWS

US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

by The Editor
October 9 2026
0

...

EU provides €225,000 aid to displaced persons in Kebbi

EU provides €225,000 aid to displaced persons in Kebbi

by The Editor
October 9 2026
0

...

France braces for nationwide school protests after injuries, mass arrests

France braces for nationwide school protests after injuries, mass arrests

by The Editor
October 6 2026
0

...

Gambia orders banks to replace foreign workers with locals

Gambia orders banks to replace foreign workers with locals

by The Editor
September 25 2026
0

...

Trump signs security deal with Greenland, Denmark at UN

Trump signs security deal with Greenland, Denmark at UN

by The Editor
September 23 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Auto Draft

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Ex-AGN president Rollas apologises to Regina Daniels, Ned Nwoko

Ex-AGN president Rollas apologises to Regina Daniels, Ned Nwoko

October 9 2026
US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

October 9 2026
Bandits kill humanitarian worker in Sokoto

Bandits kill humanitarian worker in Sokoto

October 9 2026
How herdsmen invited new terrorist group, Lakurawa, to Sokoto

Lakurawa attack kills two soldiers, Chinese in Kebbi

October 9 2026

EDITORIAL REVIEW

Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum

Tinubu’s extended absence – Punch

by The Editor
October 8 2026
0

FG secures $747m loan for Lagos-Calabar Highway

Disorder on Lagos-Calabar Highway – Punch

by The Editor
October 7 2026
0

Averting another workers’ strike – Punch

Averting another workers’ strike – Punch

by The Editor
October 6 2026
0

Tele-robotic surgery: Nigeria needs more medical feats – Punch

Tele-robotic surgery: Nigeria needs more medical feats – Punch

by The Editor
September 25 2026
0

2027: Voter registration figures must mirror turnout – Punch

2027: Voter registration figures must mirror turnout – Punch

by The Editor
September 17 2026
0

Opinion

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.