Godwin Tsa, Abuja
President Muhammadu Buhari, the Attorney-General of the Federation, Mr Abubakar Malami, and the Senate have shunned the order of the Abuja division of the Federal High Court when they failed to appear in a suit challenging the appointment of Justice Tanko Muhammad as the substantive Chief Justice of Nigeria.
Justice Inyang Ekwo had, on May 3, 2019, ordered all the defendants in the suit, including Buhari, the AGF and the Senate, to appear in court on Monday and show cause why the plaintiff’s request for a restraining order against the appointment of Justice Muhammed as a substantive Chief Justice of Nigeria should not be granted.
However, when the case came up today, the three defendants, President Buhari, Malami and the Senate were absent and also failed to send legal representatives to the court.
But counsel to the plaintiff, Malcom Omirhobo, informed the court that hearing notices had been served on all the defendants, except the 3rd defendant, by the court’s bailiff.
Those that were present in court were the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC) and Justice Muhammad.
While Justice Muhammad sent his lawyer, A.O. Ajana, who announced his appearance in protest, Elizabeth Jonathan represented the NJC, while Sani Sule represented the FJSC.
Also absent in court through legal representation was the Federal government which was listed as the 4th defendant.
The judge who further adjourned proceedings to June 3, ordered that hearing notices be served on all the parties that were absent at Monday’s proceedings.
In the substantive suit that was filed in April, the plaintiff, the Board of Incorporated Trustees of Malcolm Omirhobo Foundation alleged that Justice Muhammad made himself available as a tool that was used in the violation of the constitution, especially with regard to the “illegal” removal of Justice Walter Onnoghen as the CJN.
In an ex parte motion filed on April 15, 2019, the plaintiff asked the court to stop Justice Muhammad’s appointment as CJN, pending the hearing and determination of the motion on notice filed by the foundation.
The plaintiff also asked for an order of interim injunction restraining the Senate of the Federal Republic of Nigeria (7th defendant) from confirming the appointment of Justice Muhammad as CJN pending the determination of the substantive suit challenging his appointment.
After reading the affidavit in support of the ex parte motion sworn to by Chief Malcolm Emokiniovo Omirhobo, Justice Ekwo then ordered that: “None of the prayers made on this motion ex parte can be granted in the absence of the defendants.”
Justice Ekwo then ordered the National Judicial Council (NJC), Federal Judicial Service Commission, Justice Muhammad, Federal government, President Buhari Attorney General of the Federation and the Senate, who are the seventh defendants in the motion to be put on notice.
He gave the defendants seven days, upon being served with notice on the matter, to appear and show cause why the application of the plaintiff should not be granted.