A federal high court sitting in Abuja has struck out a suit seeking to halt the confirmation of Tanko Muhammad as the Chief Justice of Nigeria.
Muhammad has been serving as CJN since January 2019, following the suspension and subsequent retirement of Justice Walter Onnoghen.
On Thursday, President Muhammadu Buhari wrote to the Senate seeking to have Muhammad confirmed as the substantive CJN.
However, the board of incorporated trustees of Malcolm Omirhobo Foundation had, in an exparte motion filed on April 15, urged the court to stop the appointment of Muhammad as the substantive CJN on the grounds that the constitution of the code of conduct for judicial officers was “violated” when the acting CJN was appointed.
The plaintiff further asked for an order of interim injunction restraining the senate from confirming Muhammad as the substantive CJN pending the determination of the substantive suit.
Delivering judgement on Friday, Justice Inyang Ekwo, held that the applicant did not have the right to initiate legal action.
Ekwo pointed out that the applicant filed the case under the name of his non-governmental organisation, registered with the Corporate Affairs Commission (CAC) and that the purpose for which the case was filed was beyond what the foundation was created for.
“The plaintiff exceeded the parameter of his foundation.
“It is the law that the suit must be struck out. I hereby make an order striking out this action,” the judge ruled.
