A Federal High Court on Wednesday struck out a suit brought
before it against President Muhammadu Buhari and the
Attorney-General of the Federation over the arrest and detention of
some federal judges in 2016.
Also joined in the suit, which was filed by an Abakaliki, Ebonyi
State based Lawyer, Onu John, are the State Security Service (DSS),
Inspector-General of Police, Economic and Financial Crimes
Commission (EFCC) and the National Judicial Council (NJC).
The houses of some judges of the Supreme Court, Appeal Court and
High Court in various parts of the country were raided by the SSS
in 2016 while the officials were subsequently arrested and charged
to court.
In protest, Mr. Onwe filed a suit at Abakaliki Federal High
Court in February 2017.
President Buhari, IGP, SSS, Police, EFCC and NJC, who were
joined in the suit all responded by filling their affidavits and
counter-affidavits.
Mr. Onwe in the suit said the invasion of the judges homes and
their subsequent arrest and detention was a violation of the
constitution of the Federal Repubic of Nigeria.
Mr. Onwe claimed the action against the judges had made his job
insecure as a lawyer and ”has also dwindled legal services in the
country”.
But delivering judgment on the suit, the presiding judge,
Akintola Aluko, said Mr. Onwe has no locus standi to institute the
suit against the president and the agencies as according to the
court, ”he was not the one arrested”.
The court noted that the lawyer had not convinced the court how
the arrest and detention of the judges ”has put his job in
jeopardy”.
The court however commended Mr. Onwe for his interest in the
matter but cautioned that ”there must be adherence to the rule of
law in such a suit”.
Reacting, Mr. Onwe said he will appeal the ruling.
“We will be obtaining the court proceedings and after studying
it, we will take further action. Not that we derive anything
tangentially from it but the record must be put straight. This will
actually be determined by the appelette court whether we have the
locus standi,” he said after the judgement.
A Federal High Court on Wednesday struck out a suit brought
before it against President Muhammadu Buhari and the
Attorney-General of the Federation over the arrest and detention of
some federal judges in 2016.
Also joined in the suit, which was filed by an Abakaliki, Ebonyi
State based Lawyer, Onu John, are the State Security Service (DSS),
Inspector-General of Police, Economic and Financial Crimes
Commission (EFCC) and the National Judicial Council (NJC).
The houses of some judges of the Supreme Court, Appeal Court and
High Court in various parts of the country were raided by the SSS
in 2016 while the officials were subsequently arrested and charged
to court.
In protest, Mr. Onwe filed a suit at Abakaliki Federal High
Court in February 2017.
President Buhari, IGP, SSS, Police, EFCC and NJC, who were
joined in the suit all responded by filling their affidavits and
counter-affidavits.
Mr. Onwe in the suit said the invasion of the judges homes and
their subsequent arrest and detention was a violation of the
constitution of the Federal Repubic of Nigeria.
Mr. Onwe claimed the action against the judges had made his job
insecure as a lawyer and ”has also dwindled legal services in the
country”.
But delivering judgment on the suit, the presiding judge,
Akintola Aluko, said Mr. Onwe has no locus standi to institute the
suit against the president and the agencies as according to the
court, ”he was not the one arrested”.
The court noted that the lawyer had not convinced the court how
the arrest and detention of the judges ”has put his job in
jeopardy”.
The court however commended Mr. Onwe for his interest in the
matter but cautioned that ”there must be adherence to the rule of
law in such a suit”.
Reacting, Mr. Onwe said he will appeal the ruling.
“We will be obtaining the court proceedings and after studying
it, we will take further action. Not that we derive anything
tangentially from it but the record must be put straight. This will
actually be determined by the appelette court whether we have the
locus standi,” he said after the judgement.
Read more https://nairalaw.com/judges-arrest-court-strikes-out-suit-against-buhari-agf-sss/