Court dismisses suit challenging appointment of 18 justices of Appeal Court

Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, dismissed a suit challenging the appointment of 18 new justices for the Court of Appeal.

An Igbo socio-cultural group; the Incorporated Trustees of Alaigbo Development Foundation is challenging the appointment of the judges over alleged breach of federal character principles.

The group had in an originating summons marked FHC/ABJ/CS/347/21 dated March 15 and filed March 16 urged the court to stop the appointment of the judges pending the hearing and determination of the suit.

It listed the National Judicial Council (NJC), the Federal Judicial Service Commission, President of the Court of Appeal, Federal Character Commission (FCC) and the Attorney General of the Federation (AGF) as defendants in the suit.

The NJC had on March 19 recommended 18 candidates to President Muhammadu Buhari for appointment as justices of the Court of Appeal.

However, the socio-cultural group challenged the exercise, alleging that the NJC violated the provisions of the 1999 Constitution on the grounds that the South-East had been marginalised in the appointment of the judges.

READ ALSO: See list of 18 Appeal Court justices approved by President Buhari

In his ruling, the judge dismissed the suit for lack of locus standi (legal right) to institute the matter.

He held that going by Section 283 (1) of Companies and Allied Matters Act (CAMA) Part A in the avirement of the plaintiff, the group’s action ran contrary to the law.

Justice Ekwo said the inclusion of the NJC, the Federal Judicial Service Commission, and President of the Court of Appeal in the suit raised a question on the locus standi of the plaintiff to institute the case.

He said: “The issue of locus standi of the plaintiff will have to be determined first before going into the substantive matters.

“Where the court finds out that the plaintiff does not have a locus standi to file the suit, the case ends there.”

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