Court Refuses Award of N130m Compensation To Onnoghen, Ex-CJN
The Federal High Court, Abuja has dismissed a suit to compel the Nigerian Immigration Service (NIS) to pay N130million to the former Chief Justice of Nigeria, Justice Walter Onnoghen as compensation over alleged violation of his rights.
In the suit marked FHC/ABJ/CS/16/2020, the Applicant, N.S Nwawka, alleged that the former CJN was sometime last year, prevented from traveling outside the country by Immigration officers stationed at the International airport in Abuja.
It will be recalled that Justice Onnoghen voluntarily retired his position as the CJN last year after he was suspended from office over the allegation that he breached the code of conduct for public officers by failing to properly declare his assets as prescribed by the law.
He was eventually convicted on April 18, 2019, by the Code of Conduct Tribunal, CCT, in Abuja, which found him guilty on all six-count charge the Federal Government preferred against him.
Nwawka told the court that the ex-CJN was stopped from going to Ghana by security operatives that also confiscated his international passport without any prior order of a court of competent jurisdiction.
He further alleged that FG refused to pay Justice Onnoghen his terminal benefit despite the fact that there is no pending case against him to warrant such treatment.
Dr. Nwawka said he approached the court as a concerned citizen to enforce Onnoghen’s fundamental rights to travel in and out of Nigeria unhindered, as well as to enforce his rights to freedom from inhuman, humiliating, and degrading treatment.
Apart from demanding for N130m to be awarded to the ex-CJN as general and exemplary damages, the Applicant, equally sought for a court order to compel the Respondents to immediately release his international passport with number A50445233, which he said was confiscated since November 11, 2019.
The Applicant also applied for an order of perpetual injunction restraining the Respondents from further banning the former CJN from travelling out of the country.
However, though FG filed a preliminary objection to challenge the suit, the NIS which is the 2nd Respondent did not file any process in the matter.
FG’s lawyer, Habiba U. Chime opposed the suit on the ground that the Applicant lacked the locus standi to institute the action.
It argued that Nwawka failed to disclose how his legal rights were affected by the acts he complained of.
Besides, FG contended that the Applicant did not disclose any of his legal or equitable interest that was attacked or a personal injury he suffered.
FG further challenged the competence of the suit which it said was wrongly commenced at the Federal High Court.
Delivering judgment in the matter, Justice Taiwo Taiwo upheld FG’s preliminary objection and held that there was nothing to prove that the suit was commenced with Justice Onnoghen’s permission.
The court agreed with FG that the Applicant was bereft of the locus standi to institute the action.
According to Justice Taiwo: “I have looked at the originating processes filed by the applicant herein, with due respect to him, I do not see any nexus between him and the respondents jointly or severally.
“I do not see his remote or immediate interest in the matter in which he has not been instructed to file by the former Chief Justice of the Federal Republic of Nigeria.
“I pose a question to him and this is whether the Former CJN has told him that he is incapable of fighting his own battle or that he is even ready for any battle against anybody?”
Justice Taiwo declined to grant the Applicant leave to apply for referral of some constitutional questions to the Court of Appeal for determination, as he prayed in the suit.
“The applicant’s motion is incompetent as it is and I, therefore, dismiss the same.
“My conclusion is that the notice of preliminary objection is meritorious and I, therefore, dismiss the action filed by the applicant.
“The action to say the least is a waste of the time of the court. If the applicant has time to file this type of unmeritorious action, the time of the court is valuable and should not be wasted. This case is hereby dismissed”, Justice Taiwo held.
Comments are closed.