The Supreme Court has struck out an application by the Cross River State Government challenging the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria.
The court on Friday said it lacked jurisdiction to entertain the matter and consequently dismissed the application.
Justice Onnoghen was suspended in January, by an order of the Code of Conduct Tribunal.
Following his suspension, the Cross Rivers State Government approached the Supreme Court asking it to invoke section 232 (1) of the constitution to assume original jurisdiction on the matter, citing violations of the constitutional provisions in the suspension.
But in its lead judgement, the Supreme Court agreed with the submissions of the Federal Government that it lacked jurisdiction to entertain the suit.
However, in a dissenting judgement, Justice Mary Odili held that the suspension did not follow laid down procedure as stipulated by law, insisting that the Supreme Court has jurisdiction to entertain the matter.