Show cause why Muhammad should be CJN, Court orders FG, NJC, others

…As PDP faults manner of arrest of Adeleke, demands his release

Andrew Orolua & Tunde Opalana, Abuja

The Federal High Court in Abuja has ordered the National Judicial Council (NJC), the Federal Government, the Senate and four others to appear before it on May 13, to show cause why they should not be stopped from appointing Justice Ibrahim Tanko Muhammad as the Chief Justice of Nigeria.

The Board of Incorporated Trustees of Malcolm Omirhobo Foundation had, in an exparte motion filed on April 15, 2019, asked the court for an order restraining President Muhammadu Buhari from appointing Justice Ibrahim Muhammad as the chief justice of Nigeria.

The plaintiff also asked the court to stop Justice Muhammad’s appointment, pending the hearing and determination of the motion on notice filed by the foundation.

They also asked for an order of interim injunction restraining the Senate of the (seventh defendant) from confirming the appointment of Justice Muhammad as the chief justice of Nigeria, pending the determination of the substantive suit challenging his appointment.

Justice Inyang Ekwo, who heard the ex-parte motion, said that after reading the affidavit in support of the motion sworn to by Chief Malcolm Emokiniovo Omirhobo, a lawyer, he was of view that: “None of the prayers made on this motion ex-parte can be granted in the absence of the defendants.”

Justice Ekwo, then ordered the National Judicial Council (NJC), Federal Judicial Service Commission, Justice Muhammad, the Federal Government, President Buhari, the Attorney General of the Federation and the Senate, who are the first to seventh defendants in the motion to be put on notice.

He gave the defendants seven days, upon being served with notice on the matter, to appear and show cause why the application of the plaintiff should not be granted and thereafter, adjourned till May 13 for the defendants to appear in court to show cause.

In another unrelated matter, Justice Ekwo heard the application filed by Sen. Ademola Adeleke, the Osun State Peoples Democratic Party (PDP) governorship candidate, who is standing trial for examination malpractice, but wants to travel abroad for medical checkup.

The judge obliged the applicant’s request and ordered the release of Sen. Adeleke’s international passport to enable him travel to the United States of for the medical checkup.

Granting the order in a motion ex-parte filed on April 30 by the senator, the judge directed the deputy chief registrar of the Federal High Court, Abuja, to release Adeleke’s travel documents to enable him travel abroad between May 2 – 9.

“The respondent (police) shall not prevent the first defendant from traveling for medical attention upon attending the invitation of the respondent on May 6, 2019,” the judge ordered and adjourned till June 10, to commence trial in the examination malpractices charge slammed against Adeleke and others by the police.

But, in a new twist to the tale, the Peoples Democratic Party (PDP) raised an alarm on Monday that the governorship candidate has been arrested and has protested his arrest and detention by the police.

The party raised the alarm that Adeleke could be poisoned while in police detention on the order of the All Progressives Congress (APC) to put him out of circulation and prevent him from claiming his mandate which he was sure of winning at the ongoing election petition tribunal.

Briefing the press on Monday night, PDP National Publicity Secretary, Kola Ologbondiyan, alerted the nation that the police arrested and detained Adeleke, in total disregard for the extant order of the Federal High Court, Abuja.

The party said Adeleke’s detention is highly provocative, an invitation to anarchy and recipe for a very serious crisis not only in Osun but also in the judiciary and our polity as a nation.

He said that “the arrest and detention of Senator Adeleke is a direct act of violence against our laws, the institution of the judiciary and the 1999 Constitution (as amended).

“This is part of the grand plot by the All Progressives Congress (APC) to coerce Senator Adeleke to relinquish the mandate that was freely given to him by the people of Osun State, which was further established by the election petition tribunal.

“The plot is to drag Senator Adeleke before an ostensibly compromised magistrate court, over the same issues of alleged forged school testimonial that is already before the Federal High Court, with a view to using such corridor to secure a stampeded trial and hurried conviction, and put him out of circulation, over trump-up charges.

“The heinous calculation by the APC is to ensure that Senator Adeleke is not free to be sworn in as governor of Osun State as they know he will surely obtain justice and retrieve his stolen mandate at the Court of Appeal and the Supreme Court”.

The party said the police arrested Senator Ademola on the guise of an invitation despite the direct orders of the Federal High Court, restraining it or its agents from arresting and detaining him on account of statement of result and testimonial duly issued by the Ede Muslim Grammar School, Ede, pending the determination of the originating summons pending in the court.

The PDP added that Senator Adeleke, as a law-abiding citizen, honoured an invitation by the police only for him to be arrested and detained in a dingy facility in Maitama, in direct affront to the order of the Federal High Court.

The PDP posited that any arraignment of Senator Adeleke in a magistrate court, for a matter that is already being heard by the Federal High Court, “is a calculated plot to cause crisis in the judicial system, enmesh the matter in unnecessary controversy as a pathway to truncate the course of justice in his matter”.

The PDP therefore demanded forthwith, the immediate and unconditional release of Senator Adeleke by the police.

“This demand is predicated on fears already in the public space that there are plots by certain elements to poison him in detention.

“The PDP therefore cautions those playing the script of the APC with regard to Senator Adeleke to retrace their steps and allow the people of Osun State to move ahead with their preferred governor. Nothing, not even these heinous plots, will subvert this reality,” said Ologbondiyan.