Onnoghen is the Acting CJN and Chairman of the National Judicial Council.
Omirhobo is suing for himself and on behalf of the generality of Nigerians. Joined as co- defendants in the suit are: The Attorney General of the Federal Republic of Nigeria, The Federal Judicial Service Commission, Hon. Justice Walter Nkanu Onnoghen, CFR the Chairman of the National Judicial Council and the National Judicial Council.
The plaintiff in an origination summons brought in pursuant to order 3, rule 6,7 and 9 of the Federal High Court civil procedure rules 2009 is asking for the following determination for the interpretation of Section 231 (1) (3) (4) and (5) of the 1999 constitution.
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He is seeking the following questions for determination: Whether the qualification, assessment and evaluation necessary for the appointment of the Chief Justice of the Federal Republic of Nigeria are the exclusive preserve of the third and fifth defendants, whether by virtue of Section 231 (1) of the 1999 constitution of the Federal Republic of Nigeria, the first defendant in exercising his powers to appoint the Chief Justice of Nigeria must act on recommendation of the fifth defendant whether by virtue of Section 231 (3) of the 1999 constitution of the Federal Republic of Nigeria, the first defendant as the head of the executive arm of Government can hand pick and or choose who he wants to be the head of the judicial arm of Nigerian Government.
He is among other things to compel the first defendant to forthwith act on the recommendation of the fifth defendant appointing the fourth defendant as substantive Chief Justice of the Federal Republic of Nigeria.