Court rejects suit seeking to stop confirmation of Muhammad as CJN

A Federal High Court in Abuja has struck out a suit challenging
Justice Tanko Muhammad’s competence to hold the office of the Chief
Justice of Nigeria.

The Presiding Judge, Justice Inyang Ekwo made his judgement on
the grounds that Malcolm Omirhobo Foundation who is the plaintiff,
lacked the locus standi to institute the suit.

Justice Ekwo also held that the group does not have the power to
engage in the public interest litigation which it claimed to be
undertaking by filing the action.

He adds that contrary to the claim of the plaintiff to be a
non-governmental organisation, there is no legislation in Nigeria
permitting the registration of any group as such and no group
registered under the part C of the company could engage in such
litigation.

Justice Ekwo asks the National Assembly to emulate some
Commonwealth countries like Uganda and Zimbabwe that have separate
legislations on registration of the non-governmental
organisation.

Backstory
Mr Omithobo had filed the suit against the National Judicial
Council before the Federal High Court in Abuja seeking an order to
stop the appointment of Mr Muhammad as the substantive Chief
Justice.

The applicant in the suit with number argued that Mr Muhammad
made himself a tool that was used in the violation of the
constitution, with regards to the controversial removal of the
former Chief Justice of Nigeria, Walter Onnoghen, by President
Muhammadu Buhari.

The suit had the NJC, the Federal Judicial Service Commission,
the president of Nigeria, Mr Muhammad, The Federal Government of
the Federal Republic of Nigeria, the Attorney General of the
Federation, and the Senate as defendants.

The applicant had sought the court’s declaration that the
Constitution never contemplated the suspension or removal of the
CJN by an ‘exparte order’ of court.

The applicant added that “the president does not have the vires
or power under the law to unilaterally suspend and/or remove the
Chief Justice of Nigeria from office.”

Mr Omirhobo then sought an order restraining the Senate from
confirming the appointment of Mr Muhammad as the substantive
CJN.

After his controversial suspension, Mr Onnoghen was convicted by
the Code of Conduct Tribunal for false assets declaration.

The tribunal ordered his sack from office. It also ruled that he
should forfeit his undeclared assets.

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