The Supreme Court in a split decision of six to one dismissed the suit filed by the Cross River State government challenging the suspension and trial of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen for being incompetent.
But in her dissenting judgment, Justice Mary Peter- Odili granted all the reliefs sought by the plaintiff after holding that it has the locus standi to institute the action.
Justice Odilli who dismissed the preliminary objection filed by the Federal government held that it was proper for the plaintiff to bring the action having been clothed with locus standi.
In her dissenting judgment, Justice Odilli held that the Code of Conduct Tribunal (CCT) lacked the jurisdiction to adjudicate on the criminal charge against Onnoghen.
Accordingly, she held that as a judicial officer, the matter ought to have been handled by the National Judicial Council (NJC) first as in Nganjiwa vs Federal Republic of Nigeria (2017).
Those who agreed with the lead judgment of the court delivered by Justice Paul Ganluje were Justice Olabode Rodes Vivour, Musa Daitijo Mohammed, Kudirat Kekere- Ekun, John Inyang Okoro and Justice Sidi Bage.Sun