By Baron Ike
The Nigerian Senate has taken President Muhammadu Buhari to the Supreme Court to seek the apex court’s clarification on the suspension of the Chief Justice of Nigeria, Walter Onnoghen.
President Muhammadu Buhari on Friday, January 25, suspended Onnoghen by relying on an order from the Code of Conduct Tribunal (CCT).
He replaced him immediately with another Supreme Court justice, Tanko Mohammed.
On Monday, the Senate approached the apex court seeking interpretation whether Buhari acted within the provision of the constitution of Nigeria to suspend Onnoghen.
The Upper Legislative Chamber of Nigeria also wants the apex court to determine whether the action of Buhari does amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution.
The section states conditions for removal of a chief justice but fails to clarify the difference between temporary removal and permanent removal.
A statement signed by Yusuph Olaniyonu, media aide to Senate President Bukola Saraki on Monday said: “Following the filing of the case, the matter of the suspension of the CJN which is the main issue for which the Senate had planned to reconvene tomorrow, has become subjudiced.
“Therefore, in line with the standing rules of the Senate not to debate issues that are already pending before the court, the reconvening of the Senate tomorrow has been put off. The previous adjournment of the Senate till February 19, 2019, stays.”
The Clerk of the Seante, Nelson Ayewoh had earlier said the Tuesday, January 29 emergency resumption will not hold but without giving reasons.