Onnoghen’s Suspension: S-Court strikes out Senate’s suit against Buhari

The Supreme Court has struck out the suit filed by the Senate challenging President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

The Senate had approached the apex court in suit number SC.76/2019, invoking its original jurisdiction and asking it to determine whether the President had the constitutional authority to suspend the Chief Justice without the involvement of the Senate.

President Buhari suspended Onnoghen on January 25, 2019, following allegations that the Chief Justice failed to properly declare his assets as required by law. The President subsequently swore in Justice Ibrahim Tanko Muhammad, then the next most senior Justice of the Supreme Court, as Acting CJN.

The decision generated widespread controversy, with critics questioning whether the President had acted within his constitutional powers.

In its suit, the Senate argued that the suspension violated Section 292(1)(a)(i) of the 1999 Constitution, as amended. It asked the Supreme Court to declare the suspension unconstitutional and restore Onnoghen to office as the substantive Chief Justice of Nigeria.

President Buhari and the Attorney-General of the Federation, Abubakar Malami, SAN, were named as defendants in the case.

Because of the constitutional questions raised, Acting CJN Tanko Muhammad constituted a seven-member panel of Supreme Court justices to hear the matter on an accelerated basis.

However, when the case came up for hearing on Tuesday, counsel to the Senate, Paul Erokoro, SAN, informed the court that his client had decided to withdraw the suit.

Erokoro told the panel that the Senate had already filed a notice of discontinuance, although he did not provide additional reasons in court for the withdrawal.

Among the reliefs earlier sought by the Senate was a declaration that President Buhari’s suspension of Onnoghen without the support of a two-thirds majority of the Senate was unconstitutional, null and void.

The Senate had also asked the Supreme Court to set aside the suspension, restore Onnoghen to office and restrain the President and the Attorney-General from taking further actions it considered inconsistent with the Constitution or the powers of the legislature.

Before the hearing, however, the Senate announced that it had decided to discontinue the case.

In a statement issued by the Special Adviser to the Senate President on Media and Publicity, Yusuph Olaniyonu, the Senate explained that its decision followed the intervention of the National Judicial Council (NJC) in the controversy.

According to the statement, the Senate believed the NJC was capable of resolving the issues surrounding the suspension of the Chief Justice.

“The Senate has decided to discontinue the case it filed at the Supreme Court,” the statement said.

It added that the decision demonstrated the Senate’s confidence in the ability of the National Judicial Council to address the matter successfully and credibly.

Following the Senate’s withdrawal of the action, the Supreme Court struck out the case.