Justice Taiwo Taiwo of a Federal High Court sitting in Abuja, has dismissed a suit seeking N130million as damages from the Federal Government and Nigerian Immigration Service (NIS) for violation of the rights of ex-Chief Justice of Nigeria (CJN) Walter Onnoghen.
The court held among others, that the applicant, Dr. N.S. Nwawka, the plaintiff, filed the suit without Justice Onnogh- en’s permission saying that he had no locus standing.
In his ruling, the judge held: “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?”
The judge also declined to grant Nwawka leave to apply for a referral of some “constitutional questions to the Court of Appeal” for determination.
He held, “The applicant’s motion is incompetent as it is and I therefore dismiss same.
“My conclusion is that the NPO 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. Case dismissed.”
Nwawka, who appeared in person, brought the suit marked FHC/ABJ/CS/16/2020 on January 7, 2020.
At the hearing of the sub- stantive case on July 15, he averred that that sometime in 2019, Immigration officers stationed at the international airport prevented the former CJN from travelling to Ghana and confiscated his international passport without any prior or- der of a court of competent jurisdiction.