An FCT High Court, Jabi, has dismissed a accusing Justice Tanko Mohammed, the acting Chief Judge of Nigeria, CJN, of age falsification for lack of ‘’Locus Standi.’’
Justice Danlami Senchi, while dismissing the suit on Friday, held that the suit filed by Tochi Michael, a 46-year-old man sometimes in April, ought to have been filed before the court by way of writ of summons and not originating summon.
He said there was no evidence before the court to prove Michael’s case that Justice Mohammed reduced his age from Dec. 31, 1950 to Dec. 31, 1953 as claimed by the plaintiff.
Justice Senchi, also held that the claimant did not specify in the originating summons the special interest he has in the suit adding that the claimant has no ‘locus standi’ to institute such action.
“There is nowhere in the document before the court where the claimant have been injured by the defendant, the claimant also did not disclosed further, much information about himself.
“The claimant has failed to show to the court necessary document to show that the defendant falsified his age.
“I hereby declared that the date of birth of the defendant is Dec. 31, 1953 and not Dec. 31, 1950; this suit is hereby dismissed in entirety,’’ Senchi held.
According to the Judge, the attitude of the claimant’s counsel, Mr. Melkizadeck Zaro was to scandalize, malign and destroy the person of the CJN and the entire judiciary.
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The Judge, therefore, ordered that the registrar of the Supreme Court should commence a disciplinary action against the claimant’s counsel for supplying false information to breach the law.
He also awarded a N10 million fine against the claimant to serve as a deterrent to others who are bent on carrying false information.
He said the fine must be paid within three weeks from the day of the judgment.
The News Agency of Nigeria, NAN, reports that Tochi Michael in his originating summon in suit No. FCT/HC/BW/CV/79/2019 alleged that the CJN deliberately falsified his date of birth.
Michael alleged that the CJN falsified his date of birth from Dec. 31, 1950 as contained in all his official records including that of WAEC to Dec. 31, 1953 upon his appointment as a judicial officer.
The petitioner in the originating summon prayed the court to determine whether such act of the CJN does not constitute a criminal act of perjury, falsification and forgery.
He also prayed the court to determine whether by falsifying his date of birth from Dec. 31, 1950 to Dec. 31, 1953 upon being appointed to Nigeria Bench as a judicial officer, he has not breached the constitution of the Federal Republic of Nigeria, among others.
NAN