The Chief Justice of Nigeria, Olukayode Ariwoola, and others, on Thursday, prayed the Abuja Division of the Federal High Court to dismiss a suit filed by a lawyer, Azubuike Oko, seeking to stop the appointment of 12 judges into the FCT High Court.

Akinlolu Kehinde, who appeared for Mr Ariwoola, the chief judge of FCT, Hussein Baba-Yusuf, and the National Judicial Council (NJC), told Justice Inyang Ekwo while adopting their processes and presenting their argument against the suit.

In a preliminary objection dated March 1 filed by the senior lawyer, Mr Kehinde urged the court to strike out or dismiss the suit marked FHC/ABJ/CS/205/3024 for want of jurisdiction.

The counsel, who gave four grounds of argument, said that under section 6(6)(c) of the 1999 Constitution (as amended), section 14(3) of the 1999 Constitution is non-justiciable. He argued that Oko, the plaintiff, lacked the locus standi to institute the action.

“Under Section 245C(1)(a) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with the employment of judicial officers. 

“Under Section 245C(1)(d) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with and any dispute over the interpretation and application of section 42 of the 1999 Constitution as it relates to the employment of judicial officers,” Mr Kehinde argued.

In the affidavit in support of the preliminary objection deposed to by Kemi Esene, a litigation secretary in the law firm of Kehinde and Partners, she told Mr Ekwo that on September 30, 2020, the court dismissed a similar suit.

She said the sult marked FC/ABJCS/602/2020, filed by JRP Foundation Ltd against then-President Muhammadu Buhari and 24 others, was dismissed on June 10, 2020.

Ms Esene said the sult had challenged the NJC’s recommendation of 21 individuals to Mr Buhari for appointment as judges of the FCT High Court.

She said the plaintiff had alleged that the FCT’s Judicial Service Committee acted in bad faith and grossly abused the power vested in it when it submitted the list of nominees for appointment as judges of the FCT High Court to NJC.

The lawyer averred that the court, in its judgment, upheld the preliminary objection of the defendants and said that since the plaintiff was not a party to the procedure for appointing the judicial officers, the foundation had no locus to institute the action.

Besides, she said the court held that FHC had no jurisdiction over the matter because it concerned the employment of the persons recommended by NJC to be appointed as judges by the former president.

When the case was called on Thursday, the plaintiff’s lawyer, Nkemakolam Okoro, told the court that the matter was adjourned for hearing and that they were ready to proceed.

Mr Okoro said he filed an originating summons dated and filed February 16. He said that upon receipt of the counter affidavit jointly filed by FCT chief judge, NJC, and CJN, he had filed a response on March 4. 

He said he equally filed a counter affidavit on March 4 to oppose their preliminary objection.

Mr Okoro urged the court to grant their reliefs.

Akinola Fasanmi, who appeared for the president and the attorney general of the federation, adopted all the processes filed by Mr Kehinde.

The judge adjourned the suit until March 15 for judgment.

On February 23, the judge rejected Mr Oko’s ex parte motion seeking to stop Baba-Yusuf from appointing 12 judges to the bench of the court.

In a ruling on the ex-parte motion moved by Emmanuel Emerenini, Mr Ekwo directed the plaintiff to put the defendants on notice of the motion ex-parte within two days of the order.

The judge also ordered Mr Oko, a legal practitioner, to serve the defendants with all processes filed in the suit within two days of the order for the defendants to show cause why the prayers on the motion ought not to be granted in the next adjourned date.

He, however, made an order for accelerated hearing.

Mr Oko, in the motion, had sued Baba-Yusuf, NJC and Federal Judicial Service Commission as first to third defendants.

The CJN, the president, and AGF are also joined in the suit as the fourth and sixth defendants, respectively.

The plaintiff sought an order directing the parties in the suit to maintain status quo ante bellum pending the hearing and determination of his motion on notice.

Mr Oko said he hails from Ebonyi, which Mr Baba-Yusuf, NJC, and FJSC routinely excluded and marginalised in the appointment of judges of the FCT High Court.

The lawyer averred that the chief judge (Mr Baba-Yusuf) computed the names of qualified lawyers from selected states of the federation and transmitted them to FJSC for recommendation to NJC for appointment by the president as judges of the FCT High Court.

He averred that the states mentioned for the nomination of lawyers for appointment as judges into the 12 positions were Bauchi, Bayelsa, Enugu, Imo, Kogi, Kwara, Lagos, Oyo, Plateau, Rivers, Taraba, and Zamfara.

He, however, alleged that currently, Oyo and Kogji “already had two serving judges in the FCT High Court, and the two states were given additional slots, to now have three judges, despite the fact that Ebonyi State has no single serving judge in the High Court of the FCT.”

He prayed the court to grant their motion in the interest of justice.

(NAN)