Justice Walter Onnoghen has taken the Federal Government to court over his suspension as the Chief Justice of Nigeria.
He is seeking the court to declare the action of the president illegal.
President Muhammadu Buhari on Friday suspended Onnoghen, following alleged non-declaration of assets.
According to the president, his action was based on an ex parte order from the Code of Conduct Tribunal trying Onnoghen.
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But in the suit he filed, Onnoghen said his right to fair hearing was violated when, among other things, the order ex parte was made that he (Onnoghen) shall step aside as CJN and Chairman of the National Judicial Council over allegations of contravening provisions of the Code of Conduct and Tribunal Act Cap C15 Laws of the Federation 2004 pending the determination of the motion on notice dated January 10, 2019.
The suit was filed by his lawyers led by by Wole Olanipekun.
Onnoghen was suspended by Buhari on Friday and replaced with an Acting CJN, Tanko Mohammed.
The suspension has been the source of a major controversy.
On Tuesday, the National Judicial Council held an emergency meeting over the case and directed Onnoghen to respond to the petition against him within seven days.
NJC also directed the Acting CJN to also answer the query of accepting the new post without the approval of NJC.