Abuja, Nigeria: The Senate on Monday ordered the discontinuation of the case it filed at the Supreme Court on the suspension of Justice Walter Nkanu Onnoghen.
The upper chamber said that its decision to discontinue the case followed the intervention of the National Judicial Council (NJC) on the issue.
A statement by the Special Adviser to the Senate President on media and Publicity, Yusuph Olaniyonu, the Senate announced that it has decided to give the NJC intervention a chance.
“The Senate has therefore decided to discontinue the case it filed in the Supreme Court. It should be noted that the case has been slated for hearing tomorrow. This decision also affirms the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the issues,” the statement stated.
The Senate has gone to the Supreme Court to challenge the legality of the suspension of Justice Onnoghen.
It specifically asked the apex court to consider whether the suspension of Onnoghen without recourse to the Senate does not amount to the usurpation of the powers of the upper chamber.
EARLIER: Onnoghen Suspension: Senate Approaches Supreme Court
The Senate has approached the Supreme Court over the interpretation of the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.
To this effect, the Senate has therefore cancelled its plenary on Tuesday.
In a statement by the Special Adviser to the Senate President on Media and Publicity, Yusuph Olaniyonu, explained that the Senate earlier on Monday filed a case in the highest court of the land, the Supreme Court, seeking its interpretation on whether President Muhammadu Buhari acted within the provision of the constitution in his suspension of the Chief Justice of Nigeria (CJN), Hon. Justice Walter Nkannu Onnoghen.
“Or 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.
“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, 201,9 stays”.
The Senate was scheduled to reconvene and discuss the suspension of Justice Walter Onnoghen by President Muhammadu Buhari and the appointment of an acting CJN, Tanko Mohammed.