The Supreme Court has dismissed a suit filed by the Cross River State government challenging the suspension of Walter Onnoghen as the Chief Justice of Nigeria by President Muhammadu Buhari.
A seven-man panel of the court led by Justice Olabode Rhodes-Vivour delivered the judgement in a split decision of six-to-one on Friday.
The suspended CJN hails from Cross river State.
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The apex court, in the lead judgment prepared by Justice Olulayode Ariwoola, ruled that the Cross River State Government lacked the locus standi to file the suit on Justice Onnoghen’s behalf.
The six justices upheld the preliminary objection filed by Abubakar Malami, Attorney General of the Federation, noting that the Supreme Court was not the proper legal institution for the applicant to register their grievances.
However, the lead judgment was read by Justice Paul Galinje, who is not a member of the panel, as Justice Ariwoola was absent for proceedings on Friday.
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Justices Rhodes-Vivour, , Ariwoola, Dattijo Muhammad, Kudirat Kekere-Ekun, Inyang Okoro and Sidi Bage (now retired), agreed with the lead judgment.
However, Justice Mary Peter-Odili delivered the dissenting judgment, insisting that the Cross River State government had the right to institute the case before the Supreme Court.