A Lagos lawyer who feels President Muhammadu Buhari is taking too long to appoint Justice Walter Nkanu Onnoghen as the substantive Chief Justice of Nigeria (CJN) has sued the president.
The legal practitioner, Chief Malcolm Omirhobo has dragged President Buhari before an Abuja Federal High Court on why he is yet to appoint Justice Onnoghen as the Chairman of the National Judicial Council (CJN).
The legal practitioner claimed he was suing for himself and on behalf of the generality of Nigerians.
Also 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 petitioner 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 praying for the following determination for the interpretation of Section 231 (1) (3) (4) and (5) of the 1999 constitution.
He wants the court to determine 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.
he also wants the court to determine, 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.
More so, he wants the court to mandate the first defendant to immediately 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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