A Court of Appeal sitting in Abuja has dismissed a suit filed by the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen, challenging the veracity of the ex-parte order directing him to vacate office and for President Muhammadu Buhari to appoint an acting CJN.
Delivering judgment, the court held that the decision has already been overtaken by events.
The appeal court ruled that there was no need to go into the merit of the interlocutory appeal challenging the ex parte order of the CCT which ordered Justice Onnoghen to step aside as the CJN.
On the appeal challenging the judgment of the Tribunal delivered on February 13, the appeal court held that there was no record of the said order before it.
It added that as a result of no record of the said proceedings, a decision cannot be entered.
The court, thereafter, struck out the appeal.
Justice Onnoghen had appealed the motion ex parte by the Chairman of the CCT, Danladi Umar, which ordered him to step aside as the CJN pending the determination of his trial.
In the meantime, the Court of Appeal has yet to fix a date for the hearing of Onnoghen’s appeal challenging his conviction by the CCT.