A rights advocate Foundation, by name Malcolm Omirhobo Foundation has dragged the Chairman of the Code of Conduct Bureau before the Federal High Court of the FCT.
The Applicant in the suit with suit No. FHC/ABJ/CS/39/2019 is the Board of Trustees of Malcolm Omirhobo Foundation.
Joined as respondents are, the President of the Federal Republic of Nigeria, the Attorney General of the Federation, the National Judicial Council Nigeria, the Code of Conduct Bureau, the Chairman of the Code of Conduct Tribunal among others.
The Applicant is seeking the courts declaration that the Code of Conduct Tribunal lacks the requisite jurisdiction to prosecute the CJN being a serving Judicial officer for alleged ethical violation and/or Judicial misconduct without having first referred the allegations and/or charges against such Judicial officer to the National Judicial Council.
The Applicant seeks the courts declaration that it is improper, illegal, unlawful and unconstitutional for the Tribunal to preside over the trial of the Chief Justice of the Federation who is still a serving judicial officer.
The Applicant also seeks a declaration that the prosecution or purported prosecution of the Chief Justice of Nigeria is arbitrary, an aberration, and violation of the principles of Separation of Powers, Judicial Independence and the Rule of Law.
It seeks an order of the compelling the Tribunal to discontinue with the trial against the CJN. And also an order compelling the Defendants to comply with the principle of Separation of Powers, Judicial independence and Rule of law.
The suit was filed on behalf of the Applicant by Chief Malcolm Omirhobo Esq who and Seprebofa M. Oyeghe Esq on January 15, 2019.
The suit is yet to be assigned to a Judge.