An Abuja Division of the Federal High Court on Thursday fixed July 12 to deliver judgment in the suit seeking an order to halt the appointment of the acting Chief Justice of Nigeria, Ibrahim Muhammad, as the substantive Chief Justice.
The court, presided over by Inyang Ekwo, gave the date on Thursday after taking arguments from parties, on the matter.
During the court session, the defendants, while arguing, asked the court if the plaintiff had the locus standi to have instituted the case.
They all asked for a substantial cost.
Responding, the plaintiff, Malcolm Omirhobo, said, “On the issue of locus standi, the defendants seem to remain in the old school. The defendants failed to realise that the plaintiff is not coming alone but coming as a licensed busy body.”
After listening to arguments from parties, Mr Ekwo adjourned to July 12 for judgement.
Mr Omirhobo had dragged the National Judicial Council (NJC) before the Federal High Court in Abuja seeking an order to stop the appointment of Mr Muhammad as the substantive Chief Justice.
The applicant in the suit with number FHC/ABJ/CS/420/2019 alleged that Mr Muhammad availed himself as a tool that was used in the violation of the constitution, especially with regards to the ‘illegal’ removal of the embattled Chief Justice of Nigeria (CJN), Walter Onnoghen.
President Muhammadu Buhari had sworn in Mr Muhammad as the acting CJN after suspending Mr Onnoghen in January.
The president, with the consent of the NJC, in April, extended the acting tenure of Mr Muhammad by another three months.
The suit, which was filed by the plaintiff, has the NJC, the Federal Judicial Service Commission, the President of the Federal Republic of Nigeria, Mr Muhammad, The Federal Government of the Federal Republic of Nigeria, the Attorney General of the Federation, and the Senate as defendants.
The applicant is seeking the court’s declaration that the Constitution never contemplated suspension or removal from office by an ‘exparte order’ of court as one of the grounds for which the office of the Chief Justice of the Federal Republic of Nigeria can become vacant.
The applicant also seeks a declaration that the suspension and/or removal of the Chief Justice of Nigeria from office is a shared responsibility of the NJC, the President and the Senate.
The applicant added that “the president does not have the vires or power under the law to unilaterally suspend and/or remove the Chief Justice of Nigeria from office.”
He seeks an order restraining the Senate from confirming the appointment of Mr Muhammad as the substantive CJN.
After his controversial suspension, Mr Onnoghen was convicted by the Code of Conduct Tribunal for false assets declaration.
The tribunal ordered his sack from office. It also ruled that he should forfeit his undeclared assets.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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