Ime Akpan
A human rights lawyer, Chief Malcom Omirhobo, has instituted a suit at the Federal High in the Federal Capital Territory praying it to declare that the acting Chief Justice of Nigeria (CJN), Justice Muhammad, who is currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen.
In the suit marked FHC/ABJ/CS/420/2019, Omirhobo also asked the court to restrain President Muhammadu Buhari from appointing Muhammad as the substantive CJN.
He also prayed the court to declare that Muhammad, having made himself available as a tool that was used to violate the Constitution, especially with regard 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.
He contended that Muhammad conducted himself in a manner that reduced the confidence of the public in the integrity and impartiality of the Judiciary.
Listed as 1st to 7th defendants in the suit are 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), the 5th defendant (Buhari) and 7th Defendant (national assembly).
He argued that the president lacked the constitutional powers to unilaterally suspend and/or removal a sitting CJN from office, as was done in the case of Onnoghen.
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 prayed the court to restrain the national assembly from confirming any appointment of Muhammad as the substantive CJN.
Besides, he asked 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”.
In a 65-paragraph affidavit in support of the suit, the plaintiff stated 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.
The suit has been assigned to Justice Iyang Ekwo for hearing.
