The National Industrial Court in Abuja on Monday ordered that the Chief Judge of Nigeria, Mr. Walter Onnoghen, must not be forced out of office.
The court presided over by Justice Sanusi Kado, while ruling on an ex-parte application by a Nigerian citizen, Mr Peter Abang, also stopped the planned trial of the CJN on charges of non-declaration of assets before the CCT.
The court held that the orders were necessary to avert a “threat” and constitutional breaches “regarding the position of the number one judicial officer of the country.”
The court restrained all the seven defendants including the AGF joined in the suit from attempting to force Onnoghen out of office pending the hearing and determination of the plaintiff’s motion for interlocutory injunction.
Justice Kado noted after hearing the plaintiff’s lawyer, J.U.K. Igwe (SAN), on Monday, “The court observed that it is a fact of common knowledge that since January 12, 2019, the print, electronic and social media have been awash with issue of threat of constitutional breaches regarding the position of the current Chief Justice of Nigeria, without due regard to the extant provisions of the constitution.”
He added, “The case law regarding the issue is not in any doubt, as to how a judicial officer should be prosecuted in a situation where there is need for him to be tried or dealt with in a criminal court.
“In view of the importance of the constitutional issues involved in this matter regarding the threat to the position of the number one judicial officer of the country, I hereby grant the application for interim injunction in the terms stated below:
“An order of interim injunction restraining the 1st, 2nd, 3rd and 6th defendants (AGF, CCT chairman, CCB, and the IGP) from proceeding with the hearing of charge number CCT/ABJ/01/19 between the Federal Government of Nigeria v. Justice Walter Samuel Nkanu Onnoghen pending the determination of the motion on notice for interlocutory injunction.
“An order of interim injunction restraining the defendants in this suit, either by themselves, their privies, servants, agents, assigns or whatsoever described from forcing the Honourable Justice Walter Samuel Nkanu Onnoghen from vacating his office as Chief Justice of Nigeria pending the hearing and determination of the motion on notice for interlocutory injunction.”
The Punch
