A Federal High Court sitting in Abuja on Thursday fixed July 12 to deliver judgment in the suit seeking an order to stop the appointment of the acting Chief Justice of Nigeria, Tanko Muhammad, as the substantive Chief Justice.
The presiding judge, Inyang Ekwo, made the pronouncement after taking arguments from parties, on the matter.
At the resumed hearing, the defendant, asked the court to determine whether the plaintiff has the locus standi to have instituted the case in the first place.
But while arguing, the plaintiff, Malcolm Omirhobo, reminded the defendants that the plaintiff is not coming alone but coming as a licensed busy body.
Justice Ekwo has since adjourned to July 12 for judgment having taken arguments from both parties.
Omirhobo it would be recalled had dragged the National Judicial Council (NJC) before the Federal High Court in Abuja seeking an order to stop the appointment of acting CJN Muhammad as the substantive Chief Justice.
The applicant in the suit with number FHC/ABJ/CS/420/2019 alleged that 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.
The suit, which was filed by the plaintiff, has the NJC, the Federal Judicial Service Commission, the President of the Federal Republic of Nigeria, 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.
In addition, 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 power under the law to unilaterally suspend and/or remove the Chief Justice of Nigeria from office.”
He therefore sought for an order restraining the Senate from confirming the appointment of Muhammad as the substantive CJN.
