Tanko to know fate May 13 as Court rejects order to bar Buhari from swearing him in as CJN

A Federal High Court sitting in Abuja has declined an order to stop President Muhammadu Buhari from swearing in Justice Tanko Muhammad as the authentic Chief Justice of Nigeria.

This is coming as the court refused to grant an ex-parte order filed by a human rights lawyer, Chief Malcom Omirhobo to stop the president from the development.

In the suit marked FHC/ABJ/CS/420/2019, Malcom asked the court to declare that Justice Muhammad who is currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Onnoghen.

The plaintiff requested the court to declare that the Acting CJN, having made himself available as a tool that was used in the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.

It was also said that the Acting CJN conducted himself in a manner that reduced the confidence of the public in the integrity and impartiality of the Judiciary. Cited as defendants in the suit were the acting CJN himself, the Federal Government of Nigeria and the National Assembly.

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The court, in the ruling delivered by Justice Inyang Ekwo, fixed May 13 to enable President Buhari, the Attorney General of the Federation, the National Judicial Council, NJC, as well as the Federal Judicial Service Commission, FJSC, explain the reason why Justice Muhammad, should not be declared unfit to finally take over the leadership of the judiciary.

Meanwhile, before hearing could commence in the matter, the Plaintiff brought an ex-parte motion to abort any plan to consolidate Justice Muhammad’s position as head of the judiciary. The application was rejected by the court which ordered the Plaintiff to go and put all the Defendants on notice to enable them to appear and show cause why the relief should not be granted.

Aside praying the court to bar President Buhari from appointing Justice Muhammad as the substantive CJN, the Plaintiff, in a 65-paragraph affidavit filed in support of the suit, stressed that unless restrained by the court, the Executive Arm of Government would continue to violate the extant provisions of the Constitution and sanctity of the judiciary.

Recall that President Buhari had on January 25, appointed Justice Muhammad to replace the former CJN, Justice Walter Onnoghen who was suspended over allegation bothering of false asset declaration.

However, Onnoghen was finally convicted on April 18 by the Code of Conduct Tribunal, CCT, in Abuja, which found him guilty on all six-count charge while the CCT directed his removal as the CJN and head of both the NJC and the FJSC.

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