Godwin Tsa, Abuja
The Abuja division of the Federal High Court has commenced moves to stop the appointment of Justice Ibrahim Tanko Mohammed as the substantive Chief Justice of Nigeria (CJN).
Already, Justice Inyang Ekwo has ordered the National Judicial Council (NJC), Federal government, the Senate and four others to appear before him on May 13, 2019, to show cause why the order would not be granted.
The order was a sequel to a suit by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation asking the court to make an order restraining President Muhammadu Buhari from appointing Justice Ibrahim Muhammad 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 an 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, a lawyer, 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 seven defendants in the motion to be put on notice.
He gave the defendants seven days, upon being served with a notice on the matter to appear and show cause why the application of the plaintiff should not be granted.
Justice Ekwo then adjourned till May 13, 2019, for the defendants to appear in court to show cause.