Former President of Nigerian Bar Association, human rights activist and revered Constitutional lawyer, Chief Olisa Agbakoba, SAN, has instituted a law suit against the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, Code of Conduct Bureau, (CCT) and the National Judicial Council.
Agbakoba, in the law suit, he filled at the Federal High Court in Abuja via his lawyer, Chief Mike Ozekhome, SAN, affirmed that the six-count levelled against the Chief Justice of Nigeria at the Code of Conduct Bureau (CCT) in Abuja; is, “Illegal, unlawful, wrongful, unconstitutional, null and void.”
“Whether having regard to the decision of the Court of Appeal in NgajiwaV FRN (2017) LPELR-43391 (CA) , the combined provisions of sections 6, 153,158,287(2), and 292(1) and Paragraph 21(b) of the 3rd Schedule to the 1999 Constitution, as altered and extant provisions of the Code of Conduct for Judicial Officers, the present charge in Charge No:CCT/ABJ/01/19 against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, does not amount to flagrant and violent disregard of the provisions of the Constitution, due process of law, and, therefore, unconstitutional, null, void and of no effect whatsoever.
“Whether the 1st and 2nd defendants can competently file and maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd defendant, the Code of Conduct Tribunal, or indeed any court or tribunal without prior recourse to the 4th defendant, the National Judicial Council, in accordance with constitutional provisions.
“Whether the 1st and 2nd defendants can maintain charges against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, in Charge No:CCT/ABJ/01/19 before the 3rd Defendant, the Code of Conduct Tribunal, or indeed any Court or Tribunal without affording him adequate time and facilities for preparation of his defence.
“The purported steps taken by the 1st and 2nd Defendants to arraign Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, on the basis of Charge No:CCT/ABJ/01/19 filed therein, without prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.
“A declaration that the purported or proposed arraignment, of the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, on the basis Charge No:CCT/ABJ/01/19 filed therein, without first having prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.
“A declaration that the purported or proposed arraignment, of the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the Code of Conduct Tribunal, the 3rd Defendant, on Monday 14th January, 2019, or on any other date whatsoever, without first being afforded sufficient time and facilities for preparation of his defence, is unconstitutional, null and void, being a gross violation of the provisions of Section 36 (6) (b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“A declaration that Charge No:CCT/ABJ/01/19, filed against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, by the 1stand 2nd Defendants, before the Code of Conduct Tribunal, the 3rd Defendant, without first having prior recourse to the 4th Defendant, the National Judicial Council, is illegal, unlawful, wrongful, unconstitutional, null and void.
“An order of this Honourable Court, quashing and/or setting aside, in their entirety, all the charges preferred by the 1st and 2nd Defendants, against Honourable Justice Walter Samuel Nkanu Onnoghen, the Chief Justice of Nigeria, before the 3rd Defendant, the Code of Conduct Tribunal, in Charge No:CCT/ABJ/01/19 and nullifying all steps taken by the 2nd and 3rd Defendants, leading to the said illegal and unconstitutional arraignment or proposed arraignment of Honourable Justice Walter Samuel Nkanu Onnoghen, CJN before the 3rd Defendant.
“An order of injunction by this Honourable Court, restraining the 1st and 2nd Defendants, whether by themselves, servants,privies or officers working under them, from maintaining the charges or taking any further steps towards maintenance and prosecution of any charges, against the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen, before the 3rd Defendant or any other Court or Tribunal, without first having recourse to the 4th Defendant.”