Court strikes out suit seeking to stop appointment of CJN

By Andrew Orolua, Abuja

The Federal High Court in Abuja on Friday struck out the suit challenging the appointment of Justice Ibrahim Tanko Muhammad as the substantive chief justice of Nigeria.

Justice Inyang Ekwo, in a judgment delivered yesterday on a suit filed by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation held that the plaintiff does not have the locus standi (legal right) to file the suit.

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

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

Following the prosecution and the suspension of the immediate past Chief Justice, Justice Walter Onnoghen on the strength of an ex-parte order obtained from 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 chief justice.

The appointment of Justice Mahammad as the acting chief justice of Nigeria on January 28 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.

The suit had the NJC, the Federal Judicial Service Commission, Justice Muhammad, the federal government, President Muhammadu Buhari, attorney general of the federation and the Senate as defendants.

Justice Ekwo, in his judgment held that the plaintiff cannot institute the legal action going by the provisions of its constitution, adding also that the plaintiff did not file the action with the name it was registered by the CAC.

The judge therefore, held that “the preliminary objection of the respondents is upheld and resolved in their favour. Plaintiff lacks the locus standi to institute the action and as such the court cannot go into the merit of the matter.

“I therefore, make an order striking out this suit.”

The plaintiff, through its counsel, Chief Malcolm Emokiniovo Omirhobo had, in a in an originating motion filed on April 15, 2019 asked the court to stop Justice Muhammad’s appointment, pending the hearing and determination of the motion on notice filed by the foundation.