Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Friday struck out a suit challenging the appointment of Supreme Court Justices by the National Judicial Council (NJC).
The council had in October last year recommended the appointment of four new justices for the Supreme Court to President Muhammadu Buhari for approval.
They are Justices Adamu Jauro (North-East), Emmanuel A. Agim, (South-South), C. Oseji (South-South) and Helen M. Ogunwumiju (South-West).
In his judgment, Justice Inyang Ekwo struck out the suit after holding that the applicant, the Incoporated Trustees of Access to justice lacked the locus standi (legal authority) to file the suit.
Listed as respondents in the suit marked FHC/ABJ/CS/1460/2019 are the Federal Judicial Service Commission, the National Judicial Council; the Chief Justice of Nigeria; the Senate and President Muhammadu Buhari.
In his judgment on Friday, Justice Ekwo upheld the objections of the respondents to the effect that the applicant lacked the locus standi to initiate the action.
The judge held that it acted outside its objections set out in its constitution which did not include engaging in public-interest litigation.
Besides, the court held that section 590(1) of the Companies and Allied Act (CAMA) did not give the applicant the authority to engage itself in what it calls interest litigation “to the extent that it has the authority to initiate this type of suit.”
“I must state that Nigeria does not yet have a statutory framework for the registration or operation of Non- Governmental Organization (NGOs). In other words, there is no legislation that deals with the registration or operation of NGO in Nigeria and I hope that the National Assembly and even the applicant will take a cue from other Commonwealth countries like Uganda (the non-governmental Act, 2016) and Zambia (non-governmental Act).
“These countries apart from having enactments that are similar to Part C of the CAMA, do have enactments that govern the operations of NGOs. In this clime, with the NGO Act, these organizations are active in humanitarian, educational, healthcare, public policy etc.
The judge added that the bodies or associations that are registered under section 590(1) of the CAMA, are by all intent and purposes, ” non-contentious; non-confrontational; non-combative and non-litigations association for their objects are limited to religious, educational etc.
He held that “anybody or association of persons who obtains registration under Part C of the CAMA and engages in any activity other than the ones mentioned in section 590(1) of the CAMA is illegality.
“There is no provision under Part C of the CAMA that makes provisions for the registration of anybody or groups of persons whose true intent is to supervise, superintend or monitor arms or agencies of government or interfere in their business.
“I am sure that if the applicant had indicated to the Corporate Affairs Commission (CAC) that the real object in it’s mind is to engage in public interest litigation of the nature of this suit, the CAC would have refused to register it under Part C of the CAMA.
“If the applicant is now telling this court that it has locus standi to engage in public interest litigation by virtue of it’s registration under section 590(1) of the CAMA, then the registration was a camouflage and a fraud and ought to be revoked.
“I find that the applicant has not established any credible evidence tendered upon the originating summons that it is a corporate body registered by CAC. I also find that the applicant has not established by any credible evidence that it has a constitution registered under Part C of the CAMA.
“Therefore, the applicant has acted ultra vires under the provision of the said section 590(1) of the CAMA by bringing this action. I, therefore, resolve the issue of locus standi against the applicant and in favour of the respondents.”
The applicant had in it’s originating summons urged the court to quash the appointment of the four justices of the Supreme Court on the ground that it did not comply with the extant Revised NJC guidelines and procedural rules for the appointment of judicial officers of all superior court of records in Nigeria adopted by the NJC and which came into force on November 3, 2014.