– A Federal High Court sitting in Abuja has ruled on a suit filed against President Muhammadu Buhari on the appointment of the chief justice of Nigeria
– The suit filed by Malcom Omirhobo seeking the interpretation of Section 23 of the 1999 Constitution as amended was struck out
A Federal High Court sitting in Abuja has ruled on a suit filed against President Muhammadu Buhari on the appointment of the chief justice of Nigeria.
The suit filed by Malcom Omirhobo seeking the interpretation of Section 23 of the 1999 Constitution as amended was struck out.
Omirhobo, a lawyer, in a suit with number: FHC/ABJ/CS/1019/16, had dragged President Buhari, the attorney general of the federation and minister of justice to court over the appointment of a substantive CJN and the principle of separation of power.
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The plaintiff through his counsel Chinwe Okpala prayed the court to interpret Section 23 (1), (3), (4) and (5) of the constitution.
But at the resumed hearing, the plaintiff told the court that prayer 11 and 12 in the suit which compelled the first respondent (President Buhari) to appoint Justice Walter Onnoghen as CJN and transmit same to the Senate has been
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He said that the matter in the suit have been overtaken by events.
He further applied for the withdrawal of suit, noting that the remaining 14 prayer sought were anchored on prayers 11 and 12.
However, ruling on the matter, Justice John Tsoho struck out the matter.
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He also commended Omirhobo for conceding to the circumstances prevailing on the matter.
But in his reaction, counsel to the fifth defendant Y.M Ede said it must noted that the president did not hand pick the CJN.
He said all necessary due process was followed in the appointment of the new CJN.
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