The Federal Government and the Attorney General of the Federation, AGF, have asked the Supreme Court to decline jurisdiction over a suit filed against them by the Government of Cross River State, seeking its intervention in the trial of suspended Chief Justice of Nigeria, CJN, Justice Walter Onnoghen.
The suspended CJN is currently on trial before the Danladi Umar-led Code of Conduct Tribunal, CCT.
According to Federal Government and the AGF, Onnoghen’s trial was personal to him.
They argued that the trial could only involve the Supreme Court, where an appeal arises from the Court of Appeal on a decision reached either during or after the trial at the CCT.
The Government of Cross River had yesterday filed a suit seeking the intervention of the Supreme Court in the CJN’s trial at CCT.
FG and AGF’s position is contained in a notice of objection they filed against a suit instituted at the Supreme Court by Cross River State.
Cross River in their originating summons, queried the propriety of Onnoghen’s trial before the CCT.
It urged the Supreme Court to declare the trial illegal on the grounds that it was only the National Judicial Council, NJC that could exercise disciplinary powers over a serving judge.
However, in their objection, the FG and AGF, who are defendants in the suit, argued that the subject of the case did not qualify as a dispute between the Cross River State and the Federal Government, as envisaged under Section 232(1) of the Constitution.
FG and AGF said, “The subject matter of this suit is personal to Hon. Justice Onnoghen Nkanu Walter Samuel and does not, in any way, affects the Cross River State Government as to confer it with the locus to institute this suit.
“The reliefs and claims made herein by the plaintiff are not for the benefit of Cross River State, but personal to Justice Onnoghen Nkanu Walter Samuel.
“The alleged cause of action in the subject matter of this suit is not one that creates the existence or extent of a legal right between the Cross River State Government, in its capacity as a state and the defendants in this suit as stated under Section 232(1) of the Constitution.
“The Honourable Justice Onnoghen Nkanu Walter Samuel, being an indigene of Cross River State and the highest judicial officer from the state does not confer on the plaintiff the locus to institute this suit.
“The fact that the suit partly relates to the interpretation of the Constitution does not confer on the plaintiff the locus to invoke the original jurisdiction of this honourable court.”
Lawyer to FG and AGF, Dayo Apata (Solicitor General of the Federation), informed the court that his clients have just filed some processes, including a memorandum of appearance, notice of preliminary objection and a counter affidavit to the originating summons.
The to the lawyer, he was able to serve the processes on the plaintiff’s lawyer shortly before the court began sitting yesterday.
Lawyer to the plaintiff, Lucius Nwosu (SAN), acknowledged the service of the defendants’ processes on him.
He added that, in view of the importance of the case, he would urge the court to grant a short adjournment to enable him respond to the defendant’s processes.
Justice Olabode Rhodes-Vivour, who presided over a seven-man panel of the court, adjourned to February 28 for the hearing of the defendants’ objection along with the substantive suit.
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