The Supreme Court has struck out the suit by the Cross River State challenging the suspension of the former Chief Justice of Nigeria, Justice Walter Onnoghen.
A seven-member panel of justices presided by Justice Bode Rhodes-Vivour on Friday held that Cross River State Government lacked the locus standi to bring the suit on behalf of Justice Onnoghen.
The panel in a split decision of six to one, which was delivered by Justice Olulayode Ariwoola, upheld the argument of the Attorney General of the Federation that the apex court lacked the jurisdiction to hear the matter.
But Justice Mary Odili in a dissenting judgment held that the Cross River State Government has the locus to file the action, since that is where Onnoghen hails from, adding that the Supreme Court has the jurisdiction to entertain the suit.
She held that the ex parte order of the Code of Conduct Tribunal (CCT) made on January 23 upon while Justice Onnoghen was suspended by President Muhammadu Buhari was wrong as the tribunal lacked the jurisdiction to entertain the asset declaration allegations in the first instance.
All the other members of the panel including Justices Dattijo Muhammad, Kudirat Kekere-Ekun, Inyang Okoro, Sidi Bage (rtd) agreed with the lead judgment.
