Justice Taiwo Taiwo of Abuja Federal High Court sitting has been asked to set aside the oath of office administered on 11 persons shortisted as judges of the High Court of the Federal Capital Territory on September 14, 2020 by the Chief Justice of Nigeria.
The plaintiff in the matter, Registered Trustees of Social Justice And Civil Rights Awareness Initiative in suit NO: FHC/ABJ/CS/830/2020, prayed the court to nullify the oath of office taken by the judges on the grounds that the matter is pending before a lawful court.
In the suit through their lawyer, Alozie Nmerengwa, the plaintiff said the CJN being the head of courts in Nigeria went ahead to swear in the 11 persons shortlisted for appointment as judges of the High Court of FCT while being aware of the pendency of the suit.
He argued that a court frown at acts clearly done to foist a state of helplessness on the court and is empowered to remedy such acts by setting same aside.
Before the judges were sworn in, the plaintiff also wrote a letter to the CJN dated September 11, intimating him on the need to maintain status quo.
In the letter, Nmerengwa said: “We act as Legal Practitioner to the plaintiff in the above mentioned suit on whose behalf we write. It has come to our notice that the swearing in of the persons appointed to act as judges for the High of the FCT has been scheduled to hold on Monday 14 September, 2020.
“We wish to bring to your Lordship’s notice that the said appointment is the subject matter in the suit listed above and in the best spirits of our legal jurisprudence, particularly, the doctrine of lis pendens.
“We urge that the said swearing-in ceremony be put on hold so that the trial court will not be foisted with a state of helplessness.
“We understand that all the parties in the suit had since been served with the Court processes. We however annex a copy of the said Court process to this notice for your information Sir.”