The Court of Appeal, Abuja, has dismissed a suit filed by former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.
He was challenging the veracity of the ex-parte order directing him to vacate office and for President Muhammadu Buhari to appoint an acting CJN.
Delivering judgment, the court held that the decision has already been overtaken by events.
The appeal court ruled 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.
On the appeal challenging the judgement of the Tribunal delivered on February 13, the appeal court held that there was no record of the said order before it.
It added that as a result of no record of the said proceedings, a decision cannot be entered.
The court, thereafter, struck out the appeal.
Justice 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.
According to him, the order of the Tribunal was procured behind his back when parties had already joined issues and when the prosecutor had on January 22 told the CCT that the order would be sought on the next adjourned date.
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