ACTING CJN: Court gives Buhari, Senate, AGF 14 days to explain themselves

President Muhammadu Buhari, the Senate and the Attorney-General of the Federation (AGF) have been given 14 days to explain why Justice Ibrahim Muhammad Tanko was appointed the Chief Justice of Nigeria (CJN).

A Federal High Court, Abuja gave the order on Monday in respect to a suit querying the choice of Justice Tanko as the CJN.

Earlier on May 3, Justice Inyang Ekwo of the Federal High Court had ordered the respondents in the suit to show why reliefs contained in an ex-parte motion by the plaintiff should not be granted.

When the matter came up on Monday, Buhari, the Senate and the AGF were absent.

In the motion ex-parte, the plaintiff – the Board of Trustees of Malcom Omirhobo Foundation — approached the court to seek “an order of interim injunction restraining the fifth defendant (Buhari) from appointing the third defendant (Justice Muhammad) as the Chief Justice of the Federal Republic of Nigeria pending the determination of the motion on notice filed herein”.

The plaintiff is also seeking “an order of interim injunction restraining the 7th defendant (the Senate) from confirming the appointment of the 3rd defendant as the Chief Justice, pending the determination of the motion on notice.”

Apart from Buhari, the Senate and AGF, other defendants in the suit are the National Judicial Council (NJC), Federal Judicial Service Commission of Nigeria (FJSCN), Justice Muhammad, and the Federal Republic of Nigeria (FRN).

At the hearing of the matter on Monday, the NJC, FJSCN and Justice Muhammad were represented by lawyers.

While NJC was represented by Elizabeth Jonathan, Sani Sule announced appearance for the FJSC.

The third lawyer, A.O Ajana, who represented Justice Mohammed, said he appeared in protest because his client was not served with court processes.

The plaintiff’s lawyer, Malcom Omirhobo accepted that Justice Mohammed was yet to be served with the processes and the order made by the court on May 3.

He meanwhile noted that other defendants had been served.

He then withdrew the motion he filed for leave to serve Justice Mohammed through substituted means when Ajana agreed to accept service for his client.

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After Justice Ekwo said he is interested in hearing the case without delay, the plaintiff’s lawyer withdrew the motion on notice he filed for an order restraining the defendants from appointing Justice Mohammed in substantive capacity.

Consequently, the judge gave the defendants 14 days to respond to the substantive suit and adjourned hearing till June 3.

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