COURT ASKED TO DECLARE JUSTICE MUHAMMAD UNFIT, ORDER NEW SELECTION
The Abuja Division of the Federal High Court has okayed a fresh suit seeking to
bar President Muhammadu Buhari from appointing the Acting Chief Justice of
Nigeria, CJN, Justice Tanko Muhammad, to take over the leadership of the
judiciary in substantive capacity.
The suit marked FHC/ABJ/CS/420/2019, is praying the court to declare that Justice Muhammad who is currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen. Specifically, the plaintiff, Chief Malcom Omirhobo, who is a human rights lawyer, is praying the court to declare that the Acting CJN, Justice Muhammad, having made himself available as a tool that was used in the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.
The suit marked FHC/ABJ/CS/420/2019, is praying the court to declare that Justice Muhammad who is currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen. Specifically, the plaintiff, Chief Malcom Omirhobo, who is a human rights lawyer, is praying the court to declare that the Acting CJN, Justice Muhammad, having made himself available as a tool that was used in the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.
It is the contention of the plaintiff that
the Acting CJN conducted himself in a manner that reduced the confidence of the
public in the integrity and impartiality of the Judiciary. Cited as 1st to 7th
Defendants in the suit were the National Judicial Council, NJC, the Federal
Judicial Service Commission, FJSC, the Acting CJN, the Federal Government of
Nigeria, President Buhari, the Attorney General of the Federation, and the
National Assembly.
The plaintiff, among other things, urged the
court to declare that the suspension and/or removal of a CJN from office, is a
shared responsibility of the 1st Defendant (NJC), 5th defendant (Buhari) and
7th Defendant (National Assembly).
He argued that President Buhari lacked the
constitutional powers to unilaterally suspend and/or removal a sitting CJN from
office, as was done in the case of Onnoghen. Besides, he prayed the court to
declare that by combined interpretation sections 1(1 )(2), 231(4),
292(1)(a)(i)(b), 153(1)(i), 158(1) and paragraph 21 (a)(b) of Part 1 of the
Third Schedule of the 1999 Constitution, as amended, “it is unlawful and
undemocratic for the 4th and 5th Defendants (Federal Government and President
Buhari), to declare the office of the CJN vacant on January 25, 2019 and
consequently appoint and swear in the 3rd Defendant as the acting CJN”.
He therefore applied for a court order to
restrain the National Assembly from confirming any appointment of Justice
Muhammad as the substantive CJN. Likewise, for, “An order, compelling the 2nd
Defendant (FJSC), to select and the 1st Defendant (NJC), to recommend the most
qualified Justice of the Supreme Court of Nigeria that is fit and proper, to
the 5th Defendant, for appointment to office of the CJN, and for the
confirmation of the 7th Defendant with a two third majority vote”.
Aside praying the court to bar President Buhari
from appointing Justice Muhammad as the substantive CJN, the Plaintiff, in a
65-paragraph affidavit he filed in support of the suit, stressed that unless
restrained by the court, the Executive Arm of Government would continue to
violate the extant provisions of the Constitution and sanctity of the
judiciary. Meantime, the suit which has already been assigned to Justice Iyang
Ekwo for hearing, is coming barely 72 hours after the NJC disclosed that it had
approved the extension of Justice Muhammad’s tenure as the Acting CJN.
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