The Abuja Division of the Court of Appeal has struck out the appeal filed by the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.
The court held that the appeal had been spent and the substantive suit had been heard and concluded at the Code of Conduct Tribunal (CCT).
In a unanimous judgment of its three-man bench led by Justice Stephen Adah, the Court of Appeal however ruled that the CCT’s ex parte order breached the ex-CJN’s right to fairing hearing.
The appeal court in its judgment said 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.
The court then struck out the appeal.
Justice Walter 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.