Court gives lawyer go-ahead to file suit against Buhari over judges’ appointment

An Abuja-based lawyer, Mr Oladimeji Ekengba, has been granted permission by the Federal High Court in Abuja to pursue a suit against the President of Nigeria, Muhammadu Buhari.

The court on Wednesday granted Ekengba the permission to continue the suit against President Buhari over his refusal to appoint all the 33 nominees recommended to him by the National Judicial Council as judges of the High Court of the Federal Capital Territory, Abuja.

In an ex parte application, Ekengba had sought the leave of court to institute the legal action to seek an order of mandamus compelling the President to appoint all the nominees as judges as recommended by the NJC.

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Justice Inyang Ekwo, while delivering judgement ruled that Ekengba (the applicant) placed sufficient materials before the court to warrant granting him the permission to pursue the suit.

“I am satisfied that he has placed sufficient materials of persuasive value,” the judge said.

The presiding judge, however, noted that granting permission to the applicant to take an action “is not the action itself”.

He ruled, “I therefore grant leave to the applicant to seek an order of mandamus directing and/or compelling the 1st respondent (the President) to act on the recommendation of the National Judicial Council by appointing thirty-three persons as Honourable Judges of the High Court of the Federal Capital Territory pursuant to Section 256 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).”

The President and the Attorney-General of the Federation are the two respondents in the applicant’s application.

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