A Federal High Court in Abuja has summoned President
Muhammadu Buhari, the Acting Chief Justice of Nigeria, Justice Tanko Muhammad
and others to appear before the court over the removal of former CJN Walter
Onnoghen.
Justice Inyang Ekwo on Friday also directed members of the
Federal Judicial Service Commission (FJSC), the Federal Government of the
Republic of Nigeria, the Attorney General of the Federation, and the Senate to
appear before the court to show cause why an order to restrain them from
initiating the confirmation of the acting CJN as substantive CJN should not be
made.
“I have perused the processes in the ex parte and affidavits
attached. I am of the opinion that none of the prayers can be granted by ex
parte application,” the judge said. A civil rights lawyer, Malcolm Omirhobo of
the Omirhobo Foundation had brought an ex parte application seeking an order of
the court to restrain President Muhammadu Buhari and others from initiating the
confirmation of the Acting Chief Justice of Nigeria, Justice Muhammad.
Omirhobo wants the court to determine whether by sections
1(1)(2), 231（4)
(a) (i)(b), 153(1) and Paragraph 21(a)(b) Part I of the Third Schedule of the
1999 Constitution, the office of the CJN was vacant as at 25th January 2019
when Justice Muhammad was sworn in as Acting CJN.
He wants the court to determine whether the provisions of
the Constitution contemplated the removal of the CJN, Justice Walter Onnoghen,
by ex parte order of the court.
He, therefore, wants the court to make a declaration that,
“the third defendant (Justice Muhammad) having conducted himself in a manner
that cast doubt of confidence in the integrity and impartiality of the
Judiciary and has made himself as a tool used in the violation of the Constitution
of Nigeria is not a fit and proper person to be recommended by the 2nd
defendant (FJSC) to the 1st defendant (NJC), and by the 1st defendant to the
5th defendant (the President) for appointment to the office of the Chief
Justice of the Federal Republic of Nigeria.”
The case has been adjourned to May 13 for hearing.
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com