Court dismisses suit challenging appointment of judges in Kogi

Justice James Omotosho of the Federal High Court, Abuja has dismissed a suit filed by seven senior advocates of Nigeria against the National Judicial Council (NJC) and others over the alleged unlawful appointment of judges in Kogi State.

The aggrieved lawyers who hail from Kogi are Yunus Usman (SAN), Jibrin Okutepa (SAN), Patrick Okolo (SAN), Abdullahi Haruna (SAN), Reuben Atabo (SAN), Shaibu Aruwa (SAN) and Johnson Usman (SAN).

The NJC, Kogi State Judicial Service Commission (KSJSC), Governor of Kogi, and Attorney-General (A-G) were listed as respondents in the suit marked FHC/ABJ/CS/05/2024.

The plaintiffs had in the originating summons sought a mandatory order restraining the defendants from appointing new judicial officers until there is strict compliance with the laws.

They also sought a declaration that the selected candidates for onward transmission to NJC for appointment as judges was not “totally based on merits, competence, sound knowledge of the law, professional expertise and skill, seniority, fairness, equity, and equality.”

They argued that the same was marred by political and ethnic influence contrary to the provisions of Rule 3 (6)(i)-(iv) and Rule 4(4)(a) of the NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Records in Nigeria, 2014 and Section 153 of the 1999 Constitution (as amended).

The plaintiffs equally alleged that the KSJS was doing the bidding of the governor.

The NJC, in its counter affidavit, urged the court to strike out the suit for want of jurisdiction.

In his ruling, the judge held that the plaintiffs lacked locus standi to institute the action and that the suit itself lacked merit.

Omotosho noted that though the plaintiffs brought the suit on their behalf and the marginalised people of Okun origin and Ibaji Local Government Area of Kogi State, none of them were in consideration for appointment as judicial officers.”

“They are senior legal practitioners who are uninterested in becoming judges in Kogi State.

“In fact, it has not shown that the acts of the defendants injured the interests of any of the plaintiffs in any way,” he stated.

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