The Supreme Court has dismissed the application challenging the legality of the removal of former Chief Justice of Nigeria, Walter Onnoghen.

President Muhammadu Buhari suspended Onnoghen following an accusation of false asset declaration against him by the Code of Conduct Bureau.

The Code of Conduct Tribunal later found Onnoghen guilty of false declaration of assets in breach of the provisions of the Code of Conduct Bureau for public officials.

However, one Samuel Nwawka filed a referral appeal challenging the removal of Onnoghen as the Chief Justice of Nigeria.

A panel led by Justice Bode Rhodes-Vivour on Monday struck out the application after Nwawka failed to appear in court neither was his represented.

Nwawka had approached the apex court to invoke section 22 of the Supreme Court Act to determine constitutional questions relating to the ways and manners the Nigerian Government caused the removal of Onnoghen as CJN through an ex-parte application at the Code of Conduct Tribunal on February 23, 2019.

The appellant prayed the apex court to determine whether or not the action of the first to six respondents in applying for and ordering the removal of Onnoghen before his appearance at the Code of Conduct Tribunal is constitutional, arbitrary, outrageous and a flagrant violation of Onnoghen’s rights to the presumption of innocence.

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