The Federal High Court in Abuja has been urged to set aside the list of lawyers nominated by the National Judicial Council (NJC) for appointment as judges.
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The request formed part of the prayers contained in a suit filed on Wednesday by a group, the Incorporated Trustees of Stand for Rights Initiative (SRi).
Since its release on April 26, 2020 the list has continued to generate controversies with groups querying its fairness. But, SRi is concerned with the list as it relates to the 33 lawyers nominated for appointment as judges of the High Court of the Federal Capital Territory (FCT).
SRi is, in the suit, marked:FHC/ABJ/CS/490/2020, querying the propriety of what it described as the deliberate exclusion of lawyers from Akwa Ibom State from the 33 nominated for the High Court of the FCT.
Listed as respondents are the President, Federal Republic of Nigeria, the NJC, NJC’s Chairman, Chief Judge of the High Court of the FCT and the FCT Judicial Service Committee (FCTJSC)
The plaintiff, in an originating summons filed by a team of lawyers led by Chief Sunday Essienekak, raised six questions for the court’s determination and prayed it for 10 reliefs.
It is contending that the exclusion of a names of candidates from Akwa Ibom State from the list was a violation of the Constitution, the Federal Character principle and the provision of Section 2 of the High Court of the FCT (names of judges) Act 2003 (as amended).
The plaintiff argued that the High Court of the FCT (names of judges) Act 2003 (as amended) allows strict application and compliance with the principle of Federal Character in the appointment of judges of the High Court of the FCT.
SRi wants the court to declare, among others, that by virtue of the provision of Section 14(3) of the Constitution and Section 2 of the High Court of the FCT (names of judges) Act 2003 (as amended) the NJC’s recommendation of 33 names from 26 states for appointment as judges of the High Court of the FCT, with the exclusion of candidates from Akwa Ibom State was a violation and breach of the law and due process.
It also wants the court to declare that that by virtue of the provision of Section 14(3) of the Constitution and Section 2 of the High Court of the FCT (names of judges) Act 2003 (as amended) it was proper, and justifiable for candidates from Akwa Ibom State to be equally included and represented in the list line with the Federal Character principle and that the exclusion of candidates from Akwa Ibom amounted to a violation of the Federal Character principle.
The plaintiff wants the court to grant an order nullifying the list of 33 names of persons forwarded by the NJC and its Chairman to the President for confirmation as judges of the High Court of the FCT same being partial against the overall interest of the people of Akwa Ibom State and not be in conformity with the provisions of Section 14(3) of the Constitution and Section 2 of the High Court of the FCT (names of judges) Act 2003 (as amended).
It wants the court restrain the President from confirming the 33 names contained in the list as Judges of the High Court of the FCT on the grounds that the nomination is partial against {he overall interest of the People of Akwa Ibom State.
SRi is also praying NJC, its Chairman, Chief Judge of the High Court of the FCT and the FCTJSC to conduct a fresh process for the appointment of qualified persons as judges of the High Court of the FCT, in line with the provision of the law, devoid of partiality against any duly qualified candidates from Akwa Ibom State.
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