SAN FRANCISCO, May 07, (THEWILL) – The Federal High Court in Abuja has rejected an application for an order stopping President Muhammadu Buhari from swearing in Justice Tanko Muhammad as the substantive Chief Justice of Nigeria (CJN).
Muhammad has been acting as the CJN since January when President Muhammadu Buhari suspended the former CJN, Justice Walter Onnoghen but with Onnoghen’s resignation and conviction by the Code of Conduct Tribunal (CCT), Muhammad is set to assume the office of the CJN in a substantive capacity.
However, in a suit filed by Malcom Omirhobo Foundation, a group being promoted and represented in court by a lawyer, Mr. Malcom Omirhobo, Muhammad’s fitness to hold the office of the CJN is being challenged.
Justice Inyang Ekwo rejected the group’s ex parte application requesting an order stopping Buhari from swearing in the acting CJN in an acting capacity, in a ruling on Friday.
Rather than grant the prayers contained in the ex parte application, the judge, in his ruling, directed the applicant to put all the seven defendants on notice saying that the prayers sought by the applicant in its ex parte application could not be granted in the defendants’ absence.
After hearing the plaintiff’s lawyer, Justice Ekwo ruled, “It is hereby ordered as follows:
“That none of the prayers made on this motion ex parte can be granted in the absence of the defendants.
“The plaintiff is hereby ordered to put the defendants on notice.
“The defendants are hereby granted seven days upon being served to appear and show cause why the application of the plaintiff ought not to be granted.
“Case adjourned till May 13, 2019 for the defendants to show cause.”
