A Lagos based legal practitioner Chief Malcolm Omirhobo has dragged
President Muhammadu Buhari before Abuja Federal High Court over his refusal to
appoint
Justice Walter Nkanu Onnoghen as the Chairman of the National Judicial
Council.
Omirhobo is suing for himself and on behalf of the generality of
Nigerians.
Joined as co- defendants in the suit are: The Attorney General of the
Federal Republic of Nigeria, The Federal Judicial Service Commission, Hon.
Justice Walter Nkanu Onnoghen, CFR the Chairman of the National Judicial
Council and the National Judicial Council.
The plaintiff in an origination summons brought in pursuant to order 3,
rule 6,7 and 9 of the Federal High Court civil procedure rules 2009 is asking
for the following determination for the interpretation of Section 231 (1) (3)
(4) and (5) of the 1999 constitution.
He is seeking the following questions for determination: Whether the
qualification, assessment and evaluation necessary for the appointment of the
Chief Justice of the Federal Republic of Nigeria are the exclusive preserve of
the third and fifth defendants, whether by virtue of Section 231 (1) of the
1999 constitution of the Federal Republic of Nigeria, the first defendant in
exercising his powers to appoint the Chief Justice of Nigeria must act on
recommendation of the fifth defendant
whether by virtue of Section 231 (3) of the 1999 constitution of the
Federal Republic of Nigeria, the first defendant as the head of the executive
arm of Government can hand pick and or choose who he wants to be the head of
the judicial arm of Nigerian Government.
He is among other things to compel the first defendant to forthwith act
on the recommendation of the fifth defendant appointing the fourth defendant as
substantive Chief Justice of the Federal Republic of Nigeria.
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