Court strikes out suit seeking to stop Muhammad’s appointment as substantive CJN

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Federal High Court in Abuja on Friday dismissed a suit instituted against the Attorney General of the Federation and Ministry, President Muhammadu Buhari and the Senate over the process leading to the appointment of the substantive Chief Justice of Nigeria, Tanko Muhammad.

The suit challenging the appointment of Muhammad was instituted by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation.

The trial Judge, Justice Inyang Ekwo held that the plaintiff, has locus standi to file the suit.

Ekwo agreed with the National Judicial Council (NJC), President Muhammadu Buhari and four other defendants in the suit to the effect that the plaintiff has no legal right to institute the legal action, in the name of public interest litigation.

The judge held that the plaintiff is not authorised by its aims and objectives of registration with the Corporate Affairs Commission (CAC) to embark on this type of litigation.

Following the prosecution and the suspension of the immediate past CJN, Justice Walter Onnoghen, on the strength of an ex-parte order obtained the Code of Conduct Tribunal (CCT), where Onnoghen was being prosecuted for non disclosure of some of his assets, Buhari suspended him and appointed Justice Muhammad as acting CJN.

A development that led to filing of a suit before the Federal High Court, Abuja by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation to stop the appointment of Justice Muhammad as the CJN.

The suit had, the NJC, the Federal Judicial Service Commission (FJSC), Justice Muhammad, Federal Government, President Muhammadu Buhari, Attorney General of the Federation and the Senate as defendants in the suit.

Justice Ekwo, in his judgement held the plaintiff cannot institute the legal action, going by the provisions of its constitution, adding also that the plaintiff … Read More...