A Federal High Court in Abuja has dismissed the suit seeking to stop the confirmation of Justice Tanko Muhammad as the substantive Chief Justice of Nigeria.
Justice Inyang Ekwo on Friday ruled that the plaintiff, the Board of Incorporated Trustees of Malcolm Omirhobo Foundation lacks the requisite locus standi to bring the suit.
He noted that it acted outside the purpose for its registration.
Justice Ekwo held that Section 901 of Part C of Companies and Allied Matters Act (CAMA) provides that “Foundations” are established for charitable causes, which are listed in its objectives.
He said anything done or action taken outside its constitution is ultra virus and beyond its powers.
However, following the court’s decision, counsel to the Foundation, Malcolm Omhirobo complained that the National Judicial Council (NJC) has sold the soul of the judiciary to the Executive by their recommendation for the confirmation of Justice Muhammad despite a pending suit.
Justice Ekwo said it has been the law that when parties are in court they do not take further action until the matter is determined, explaining that the country has degenerated in every sphere of life. “That is not the fault of the judiciary.
Omirhobo had in May asked 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 asked 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.
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