Court refuses to stop Buhari from swearing in Tanko Muhammad as substantive CJN

The Federal High Court in Abuja has rejected an ex parte
application for an order stopping President Muhammadu Buhari from
swearing in Justice Tanko Muhammad as the substantive Chief Justice
of Nigeria.

Muhammad has been acting as the CJN since January when President
Muhammadu Buhari suspended the former CJN, Justice Walter
Onnoghen.

With Onnoghen’s resignation and subsequent conviction by the
Code of Conduct Tribunal, Muhammad is believed to be set to assume
the office of the CJN in a substantive capacity.

The main suit filed by Malcom Omirhobo Foundation, a group being
promoted and represented in court by a lawyer, Mr. Malcom Omirhobo,
is challenging Muhammad’s fitness to hold the office of the
CJN.

Justice Inyang Ekwo rejected the group’s ex parte application
requesting an order stopping Buhari from swearing in the acting CJN
in an acting capacity, in a ruling on Friday.

The enrolled order of the court was only sighted by our
correspondent on Monday.

Rather than grant the application in his ruling, the judge,
directed the applicant to put all the seven defendants on
notice.

Ex parte applications are characteristically conducted in the
absence of the adverse parties.

But Justice Ekwo ruled that the prayers sought by the applicant
in its ex parte application could not be granted in the defendants’
absence.

After hearing the plaintiff’s lawyer, Justice Ekwo ruled, “It is
hereby ordered as follows:

“That none of the prayers made on this motion ex parte can be
granted in the absence of the defendants.

“The plaintiff is hereby ordered to put the defendants on
notice.

“The defendants are hereby granted seven days upon being served
to appear and show cause why the application of the plaintiff ought
not to be granted.

“Case adjourned till May 13, 2019, for the defendants to show
cause.”

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