FRN v CJN: Restraining Order granted to prevent Destruction of Res–Industrial Court

supreme-court
The Supreme Court of Nigeria. Photo credit: supremecourt..gov.ng

Hon. Justice Sanusi Kado of the National Industrial Court of Nigeria, Abuja Judicial Division on Monday 14th January 2019 granted an interim injunction restraining Attorney General of the Federation And Minister of Justice -1st defendant, Chairman, Code of Conduct Tribunal -2nd defendant, Code of Conduct Bureau (3rd   defendant) and Inspector General of Police (6th defendant from further proceeding with hearing between The Federal Republic of Nigeria v. Justice Nkanu Walter Samuel Onnoghen pending the hearing and determination of the Motion on Notice for Interlocutory injunction — to prevent the destruction of the res — loss of the CJN’s position.

The claimant filed the Motion Ex-parte sought among others, for AN ORDER of Interim Injunction restraining the 2nd Defendant from further proceeding with the hearing of Charge No. CCT/ABJ/01/19 between The Federal Republic of Nigeria V. Justice Onnoghen Nkanu Walter Samuel, pending the hearing and determination of the Motion on Notice filed in this suit.

The applicant Counsel J.U.K Igwe SAN filed the application and Affidavit of support of the Motion Exparte for Interim Injunction.

Justice Sanusi Kado ruled thus;

“In view of the imminent danger of having the res in this suit being destroyed before the hearing of the motion on notice for interlocutory injunction and the affidavit evidence before the court, I am satisfied that the applicant in this case has made out a case for the court’s intervention to prevent and preserve the res from dissipation.

“An order of interim injunction is hereby granted restraining the 1st, 2nd, 3rd and 6th defendants from further proceeding with hearing of charge No. CCT/ABJ/01/19, between The Federal Republic of Nigeria v. Justice OnnoghenNkanu Walter Samuel pending the hearing and determination of the Motion on Notice for Interlocutory injunction.

“An order of interim injunction is hereby granted restraining the defendants in this suit, either by themselves, their privies, servants, agents, assigns or howsoever described from forcing the Honourable Justice Onnoghen, Nkanu Walter Samuel, from vacating his office as Chief Justice of Nigeria, pending the hearing and determination of the motion on notice for interlocutory injunction.

“Thus, this case is adjourned to 21st January 2019 for hearing of the motion on notice. All the parties concerned should be immediately served with this order.”

Share:

Leave a Reply

Your email address will not be published. Required fields are marked *