The Supreme Court of Nigeria Friday struck out a motion filed by the
Cross River State Government challenging the suspension of Walter
Onnoghen as the Chief Justice of Nigeria.
The court declared that it lacked jurisdiction to entertain the matter, and so dismissed the application.
Sequel to the controversial suspension of Onnoghen in January by an
order of the Code of Conduct Tribunal, the Rivers State Government
approached the Supreme Court with a request that the apex court should
invoke section 232 (1) of the constitution to assume original
jurisdiction on the matter.
The section provides that: “The Supreme Court shall, to the exclusion
of any other court, have original jurisdiction in any dispute between
the Federation and a State or between States if and in so far as that
dispute involves any question (whether of law or fact) on which the
existence or extent of a legal right depends.”
The implication of the above provision in the eyes of the law is that
where the Supreme Court assumes original jurisdiction, a matter does
not necessarily have to emerge from the lower court before it can be
treated by the apex court.
However, in a reaction, the federal government was of the opinion
that the section heavily relied upon by the Cross River State Government
only allows the Supreme Court to assume original jurisdiction where the
matter is between a particular state and federal government.
The Supreme court said the matter for which the instant application
was brought does not involve a dispute between the Cross River
government and the federal government.
In its lead judgement as agreed to by four judges, and agreed by Paul
Galinje, the apex court agreed with the legal position of the federal
government that it lacked jurisdiction to adjudicate on the matter.
It was on this premise that the court upheld the objection raised by
the Solicitor General of the Federation, Dayo Apata, and in a verdict
said that it would not delve into the merit of the substantive
application.