The Senate has approached the Supreme Court seeking its interpretation on whether President Muhammadu Buhari acted within the provision of the constitution in the suspension of Justice Walter Onnoghen.
This development came up on Monday in the wake of the suspension of Justice Onnoghen.
Last Friday President Buhari, relying on an order from the Code of Conduct Tribunal (CCT) had suspended the Chief Justice of the Federation (CJN) Walter Onnoghen replacing him with another Supreme Court Justice, Tanko Mohammed.
The Senate also wants the court to determine whether the action of the President does amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution.
Section 292 of the constitution clearly states conditions for removal of a Chief Justice but fails to clarify the difference between temporary removal and permanent removal.
“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,” media aide to Senate President Bukola Saraki, Yusuf Olaniyonu said in a release.
“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.”
Meanwhile APC caucus in the Senate has dissociated itself from
the claim that the senate approached the Supreme Court for Interpretation.
In a
statement signed by the Senate Leader, Ahmed Lawan and made available to
newsmen, Lawan said, “the Senate never met to take such resolution and at no
time mandate anyone to approach the Supreme Court on this matter on its behalf.
Consequently, the Senate APC cacaus dissociates itself from the said request
for the legal interpretation of the suspension.”
