Faulting claims by the Cross River State Government that the embattled CJN has been eased out of office, the government and the AGF explained that Justice Onnghen was suspended to enable him stand trial for the charge of breach of code of conduct, before the Code of Conduct Tribunal .
The solicitor-general was reacting to an argument by plaintiff’s lawyer, Lucius Nwosu , to the effect that Onnoghen’s removal from office by the executive was a violation of the Constitution, attack on the Judiciary and a breach of the doctrine of separation of powers. “In the absence of any dispute, the original jurisdiction of this court cannot be invoked by the plaintiff. The office in question is the office of the Chief Justice of Nigeria, not the Chief Judge of Cross River State.”
He also faulted Nwosu’s reference to the oath he took, on being conferred with the rank of SAN, to protect the Constitution and defend the country’s interest. He said that as at yesterday , the Court of Appeal reserved judgments on appeals on the same subject matter as this case. “This is a case of abuse of court process and forum shopping,” he said.
He added: “The seat of the CJN is an institution specifically established by the Constitution of Nigeria, which also makes it tenured, to the effect that the occupant should stay there until his/her retirement age.
Are we having two CJNs?
OK na
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