Human rights lawyer, Chief Malcom
Omirhobo, has filed an action at the Federal High Court, Abuja, asking the
court to stop President Muhammadu Buhari from appointing the acting Chief
Justice of Nigeria (CJN), Muhammad Tanko as substantive CJN.
Defendants in the suit, which he
filed in the name of Malcom Omirhobo Foundation, are the National Judicial
Council (NJC), Federal Judicial Service Commission, the acting CJN, Federal
Government of Nigeria, Nigerian president, attorney general of the federation
and the National Assembly.
In the suit marked
FHC/ABJ/CS/420/2019 before Justice Inyang Ekwo, the applicant is also asking
for a declaration that by combined interpretation of true letters and spirit of
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, it is unlawful
and undemocratic for the 4th and 5th defendants 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 also wants the court to
declare that the suspension and/or removal of the CJN from office is a shared
responsibility of the 1st defendant, 5th defendant and 7th defendant and that
the 5th defendant (Buhari) do not have the power under the law to unilaterally
suspend and/or removal the CJN from office.
The applicant is also praying the
court to declare that the acting CJN, having conducted himself in a manner that
cast doubt of confidence in the integrity and impartiality of the Judiciary and
having made himself as a tool used in the violation of the Constitution is not
a proper and fit person to be recommended for appointment to the office of the
CJN.
Supported by a 65-paragraph
affidavit in which he averred among others that the removal of the CJN did not
follow due process of law, the applicant asked the court to make an order
stopping president Buhari from appointing Tanko as CJN.
“An order of court, restraining
the 7th defendant from confirming the appointment of the 3rd defendant as the
CJN.
“Order, compelling the 2nd
defendant to select and the 1st defendant 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,” he prayed, adding that unless
the defendants are restrained, the letters of the provisions of the
constitution would continue to be violated by the executive arm of government.
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