The Senate said that it had withdrawn the suit because of the intervention of the National Judicial Council (NJC).
The suit was filed at the Supreme Court to seek constitutional advice on the suspension of Justice Onnoghen, who was facing trial at the Code of Conduct Tribunal (CCT) for alleged under declaration of assets.
Mr. Yusuph Olaniyonu, the Special Adviser to Senate President Bukola Saraki, said in a statement on Monday that the lawmakers decided to discontinue with the case at the apex court in order to give the NJC intervention a chance.
“The Senate has, therefore, decided to discontinue the case it filed in the Supreme Court.
“It should be noted that the case has been slated for hearing tomorrow (Tuesday).
“This decision also affirms the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the issues,” he added.
President Muhammadu Buhari suspended Justice Onnoghen and appointed Justice Ibrahim Tanko Mohammed as the acting CJN on January 25.
The President had explained that he took the action following an order of the Code of Conduct Tribunal (CCT), pending the completion of Onnoghen’s trial.
The Code of Conduct Bureau (CCB) had dragged Justice Onnoghen before the Tribunal over allegations of non-declaration of some assets.
The opposition, including those in the Senate were enraged and decided to approach the Supreme Court for succour after it jettisoned plan to re-convene the Senate to deliberate on the issue.
The Senate also asked the court to determine whether the action of the President does amount to usurpation of the powers of the Senate as provided for in Section 292 of the Constitution.