In the suit, Agbakoba joined the Attorney General of the Federation (AGF) and the National Judicial Council (NJC) as first and second defendants.
His application is brought pursuant to Order 3 rule 9 of the Federal High Court Civil Procedure Rules 2009.
The plaintiff wants the court to decide, whether by the combined interpretation of Section 153 (1)(i) and Section 292 (1) (a) (i) of the Constitution, Justice Onnoghen can be suspended from office without the recommendation of the NJC or the President acting on an address supported by two third majority of the Senate.
Agbakoba seeks from the court: A Declaration that by the combined interpretation of the above Sections of the Constitution as (amended) Justice Onnoghen cannot be suspended or removed from office except on the recommendation of the NJC or the President acting on an address supported by two thirds majority of the Senate.
He also seeks further order or orders as the Court may deem fit to make in the circumstances.
No date has been fixed for hearing of the suit.