The Federal High Court in Abuja has thrown out an ex parte application for an order stopping President Muhammadu Buhari from swearing in Justice Tanko Muhammad as the substantive Chief Justice of Nigeria, CJN.
Malcom Omirhobo Foundation, had filed a suit challenging Muhammad’s fitness to hold the office of the CJN
Muhammad was appointed acting CJN in January following the suspension of the former CJN, Justice Walter Onnoghen by President Muhammadu Buhari.
However, with Onnoghen’s conviction by the Code of Conduct Tribunal, it is believed that Muhammad would be confirmed as the substantive CJN.
rejected the group’s ex parte application requesting an order stopping Buhari from swearing in the acting CJN in an acting capacity, in a ruling on Friday.
READ ALSO: Keyamo Refutes Reports on Buhari’s Son, Yusuf, Being 4th Richest President’s Son’
In rejecting the ex-parte application, Justice Inyang Ekwo ordered that the applicant to put all the defendants in the main suit on notice.
The judge held that the prayers sought by the plaintiff could not be granted the absence of the defendants as ex parte applications are heard without the defendants being notified.
“The plaintiff is hereby ordered to put the defendants on notice.
He adjourned the case till May 13, 2019 for the defendants to show cause.
The defendants in the suit are; the National Judicial Council, the Federal Judicial Service Commission, the Acting CJN, Justice Tanko Muhammad; the Federal Government of Nigeria, President Buhari, the Attorney General of the Federation, and the National Assembly.
