JUST IN: Court rejects suit seeking to stop confirmation of Muhammad as CJN

The Federal High Court in Abuja, on Friday, struck out a suit
seeking an order to halt the confirmation of the acting Chief
Justice of Nigeria, Ibrahim Muhammad.

President Muhammadu Buhari this week asked the Senate to confirm
Mr Muhammad’s as the substantive CJN, months after he was
appointed.

Delivering judgement on Friday, Justice Inyang Ekwo held that
the applicant, Malcolm Omirhobo, lacked the “locus standi”, which
is the right to initiate legal action, in the matter.

He said the applicant filed the case under the name of his
nongovernmental organisation, registered with the Corporate Affairs
Commission.

He said the purpose for which the case was filed was outside
what the foundation was created for.

“The plaintiff exceeded the parameter of his foundation,” the
judge said.

“It is the law that the suit must be struck out.

“I hereby make an order striking out this action.”

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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