Court summons Tinubu, CJN, others over alleged lopsided appointment of 12 FCT Judges

From Godwin Tsa, Abuja

The Abuja division of the Federal High Court has summoned President Bola Tinubu and the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola oIer the controversy trailing the appointment of the 12 Judges of the High Court of the High Court of the Federal Capital Territory(FCT), Abuja.

Also summoned by the court are the Chief Judge of the High Court of the Federal Capital Territory(FCT), Justice Husseini Bab-Yusuf; the Attorney General of the Federation (AGF); the National Judicial Council (NJC) and the Federal Judicial Service Commission(FJSC).

They are to appear and show why an order seeking to stop the disputed appointment of the judicial officers to the exclusion of Ebonyi State should not be granted.

Meanwhile, Justice Inyang Ekwo who issued the summoned has equally ordered all parties to the suit to maintain status quo on the subject matter.

The decision was sequel to an experte order in suit NO: FHC/ABJ/CS/205/2024, filed by a legal practitioner, Azubike Nicholas Oko against the defendants.

According to the Certified True Copy (CTC) of the enrolled order dated February 23, 2024, Justice Ekwo ordered the defendants to show cause why the prayers contained in the exparte motion ought not be granted.

Besides, the judge who ordered an accelerated hearing of the case has directed the plaintiff to within two days of the order put the defendants on notice.

While adjourning the matter to.March 4, Justice Ekwo further ordered the plaintiff to serve the defendatns with the court processes before the next hearing date.

The plaintiff, Oko, has approached the court to determine whether by the combined provision and proper interpretation of sections 14(3),42, 256(2)&(3), and item 21(ii) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 as amended, and Rule 3(6iv) of the NJC Guidelines and Procedural Rules, the 1st, 2nd, 3rd and 4th defendants are under constitutional obligation to comply with the provisions section 14(3), and 42 of the Constitution of the Federal Replublic of Nigeria, 1999, as amended, in the appointment of judges to fill the twelve vacant positions in the High Court of FCT.

He sought the following reliefs: “A declaration that the perennial and persistent exclusion of Ebonyi State from this list of states where qualified lawyers are selected for appointment as judges of the High Court of Federal Capital Territory, by the 1st,2nd,3rd and 4th defendants, amounts to marginalisation and discrimination of lawyers from Ebonyi State, including the Plaintiff herein, on the basis of their place of origin and ethnic group, contrary to the provisions of sections 14(3) and 42 of the Constitution of the Federal Republic of Nigeria and Rule 3(6iv) of the National Judicial Council Guidelines and Procedural Rules.

A declaration that the listing, nomination and or selection of lawyers from Kogi and Oyo States, which already have two judges each, in the High Court of FCT, for appointment as judges of the High Court of FCT, against Ebonyi State, which does not have any sitting judge at all in the bench of the High Court of FCT, by the 1st,2nd,3rd and 4th Defendants, is unjust, inequitable, unfair, and amounts to the unprecedented breach of the provisions of section 42 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and Rule 3(6iv) of the NJC Guidelines and Procedural Rules.

An order this Honourable Court restraining the Chief Judge of the FCT, the National Judicial Council and Federal Judicial Service Commission from selecting, nominating, or recommending qualified lawyers from Kogi and Oyo States or from any other states of the federation which already has two sitting judges in the High Court of FCT, to fill the twelve vacant positions as judges of the High Court of FCT, in breach of the provisions of sections 14(3) and 42 of the Constitution of the Federal Republic of Nigeria and Rule 3(6iv) of the NJC Guidelines and Procedural Rules.

An order of this Honourable Court restraining the President of the Federal Republic of Nigeria, on the recommendation of National Judicial Council, from appointing any persons as judges from Kogi and Oyo States, which already have two sitting judges in the High Court of FCT, or from any other states which already have two sitting judges in the High Court of FCT, in breach of the provisions of section 14(3) and 42 of the Constitution of the Federal Republic of Nigeria.

An order of this Honourable Court, directing the Chief Judge of the FCT, the Federal Judicial Service Commission, and the National Judicial Council to include the name of Ebonyi State, in the list of states from where qualified lawyers will be nominated and consequently appointed as judges of the High Court of the FCT, in compliance with the provisions of sections 14(3) and 42 of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Rule 3(6iv) of the NJC Guidelines and Procedural Rules.