The Chief Justice of Nigeria, CJN, Justice Olukayode Ariwoola has requested a Federal Excessive Court docket in Abuja to dismiss a go well with filed by a lawyer, Azubuike Oko, in search of to cease the appointment of 12 judges into the bench of the Federal Capital Territory, FCT, Excessive Court docket.
Justice Ariwoola made the plea on Thursday when his opposition towards the go well with was adopted.
The CJN by means of his lawyer, Akinlolu Kehinde SAN, who additionally appeared for the Chief Decide, CJ, of FCT, Justice Hussein Baba-Yusuf and Nationwide Judicial Council, NJC, informed Justice Inyang Ekwo whereas adopting their processes stated that the lawyer who instituted the go well with lacked judicial energy to take action.
In a preliminary objection dated and filed March 1 by the senior lawyer, Kehinde requested the courtroom to strike out or dismiss the go well with marked: FHC/ABJ/CS/205/3024 for need of jurisdiction.
The senior counsel who gave four-ground of arguments, stated underneath Part 6(6)(c) of the 1999 Structure (as amended) and Part 14(3) of the identical Structure, the go well with is non-justiciable.
Particularly, he identified emphatically that Oko, the plaintiff, lacked the locus standi to institute the motion.
“Below Part 245C(1)(a) of the 1999 Structure (as amended), the Nationwide Industrial Court docket of Nigeria has unique jurisdiction to find out issues referring to or linked with the employment of judicial officers.
“Below Part 245C(1)(d) of the 1999 Structure (as amended), the Nationwide Industrial Court docket of Nigeria has unique jurisdiction to find out issues referring to or linked with and any dispute over the interpretation and software of Part 42 of the 1999 Structure because it pertains to the employment of judicial officers,” Kehinde argued.
Within the affidavit in assist of the preliminary objection deposed to by one Kemi Esene, a litigation Secretary within the legislation agency of Kehinde and Companions, she informed Justice Ekwo that on September. 30, 2020, the courtroom dismissed an analogous go well with.
She stated the sult, marked FC/ABJCS/602/2020, filed by JRP Basis Ltd towards the previous President Muhammadu Buhari and 24 others, was dismissed on June 10, 2020.
Esene stated the sult had challenged the advice of 21 individuals by the NJC to Buhari for appointment as judges of the Excessive Court docket of the FCT.
She stated the plaintiff had alleged that the Judicial Service Committee of the FCT acted in unhealthy religion and grossly abused the facility vested in it when it submitted the checklist of nominees for appointment as judges of the FCT Excessive Court docket to NJC.
The lawyer averred that the courtroom, in its judgment, upheld the preliminary objection of the defendants and stated that because the plaintiff was not a celebration to the process for the appointment of the judicial officers, the muse had no locus to institute the motion.
Moreover, she stated the courtroom held that Federal Excessive Court docket had no jurisdiction over the matter as a result of the subject material needed to do with employment of the individuals really helpful by NJC to be appointed as judges by the previous President.
When the case was referred to as on Thursday, plaintiff’s lawyer, Nkemakolam Okoro, informed the courtroom that the matter was for listening to and that they have been able to proceed.
Okoro stated he filed an originating summons dated and filed February 16. 2024.
He stated upon receipt of the counter affidavit collectively filed by FCT CJ, NJC and CJN, he filed a response on March 4.
He stated he equally filed a counter affidavit on March 4 to oppose their preliminary objection.
The plaintiff counsel urged the courtroom to grant all their reliefs.
Akinola Fasanmi, who appeared for the Nigeria’s President and the Lawyer-Common of the Federation, AGF, adopted all of the processes filed by Kehinde Akinlolu SAN.
Justice Ekwo after taking arguments of all events mounted March 15 for judgment.
The decide had on February 23, rejected the plaintiff’s ex-parte movement in search of to cease Justice Hussein Baba-Yusuf from appointing 12 judges into the bench of the FCT Excessive courtroom.
Justice Ekwo, in a ruling on the ex-parte movement moved by Emmanuel Emerenini directed the plaintiff to place the defendants on discover of the movement ex-parte inside two days of the order.
Justice Ekwo additionally ordered the plaintiff, a authorized practitioner to serve the defendants with all processes filed within the go well with inside two days of the order for the defendants to indicate trigger why the prayers on the movement shouldn’t be granted within the subsequent adjourned date.
He, nonetheless, made an order for accelerated listening to.
The plaintiff within the movement, had sued Justice Baba-Yusuf, NJC and Federal Judicial Service Fee, FJSC, as 1st to third defendants.
Additionally joined within the go well with are the CJN, President of Nigeria and AGF as 4th to sixth defendants respectively.
The plaintiff sought an order of the courtroom directing the events within the go well with to keep up establishment ante bellum pending the listening to and dedication of his movement on discover.
Oko stated he hails from Ebonyi, which had been routinely excluded and marginalised within the appointment of judges of the Excessive Court docket of FCT by Justice Baba-Yusuf, NJC and FJSC.
The lawyer averred that, as a matter of reality, it was the CJ (Baba-Yusuf) that computes the names of certified legal professionals from chosen states of the federation and transmitted identical to FJSC for suggestion to NJC for appointment by the President of Nigeria,as judges of the FCT Excessive Court docket.
He averred that the states talked about for nomination of legal professionals for appointment as judges into the 12 positions have been Bauchi, Bayelsa, Enugu, Imo, Kogi, Kwara, Lagos, Oyo, Plateau, Rivers, Taraba, and Zamfara.
He, nonetheless claimed that presently, Oyo and Kogi “already had two serving judges within the FCT Excessive Court docket and the 2 states got further slots to now have three judges whereas Ebonyi State has no single serving decide within the Excessive Court docket of the FCT”.
He prayed the courtroom to grant their movement within the curiosity of justice.
