An application filed by an Abuja-based lawyer, Mr. Oladimeji Ekengba over the delay in appointment of the 33 judges nominees was granted Wednesday by Justice Inyang Ekwo of the Federal High Court, Abuja.
The appointment of the 33 nominees was recommended by the National Judicial Council (NJC).
President Buhari had in April, appointed 11 of the nominees on the NJC’s list sent to him, but the remaining 21 are yet to be appointed.
Meanwhile, Justice Ekwo had, in September ruled in another suit filed by Ekengba that the president acted in contravention of the law when he sent the names of 11 persons recommended to him by the NJC to the Senate for screening and confirmation.
The judge agreed with the plaintiff that only the appointments of a head of court, like the Chief Judge, required Senate confirmation.
But, Ekengba had, in an ex parte application brought before Justice Inyang Ekwo, asked the court to grant his prayer, seeking an order of mandamus to compel the president to appoint all the nominees as judges as recommended by the NJC.
In the suit, the President, Federal Republic of Nigeria is the 1st respondent while the Attorney-General of the Federation is the 2nd respondent in the application.
An applicant is required to seek and obtain the leave of court, otherwise referred to as the permission of court, before filing the main suit seeking an order of mandamus to compel the president or any public officer to carry out an official duty.
In his ex parte application filed in July this year, Ekengba insisted that the president was duty-bound to appoint all the 33 nominees by virtue of Section 256 (2) of the constitution.
Ruling, Justice Ekwo held that the applicant placed sufficient materials before the court to warrant granting him the permission to pursue the suit.
