In a suit filed on March 14, 2013, Agbaso asked the court to hold that the constitution of the panel did not follow due process, noting that the outcome of the proceedings will present a fait accompli.
Agbaso is also asking the court to stop Justice Njemanze from acting on a request from the Speaker of the Assembly, Mr. Benjamin Anyanwu, to appoint a seven- man panel to further proceed against his removal.
The deputy governor wants the court to take judicial notice of the fact that the Chief Judge is aware of the pending suit, having been filed before him while he assigned the suit to Justice F I Duruoha Igwe and directed that the suit be heard on Monday, March 18, 2013.