Tanko Mohammed moves a step closer to being sworn-in as substantive chief justice of Nigeria

PRESIDENT Muhammadu Buhari moved a step closer to swearing-in Justice Tanko Mohammed as the substantive chief justice of Nigeria after an Abuja federal high court dismissed a suit asking that he prevented from doing so.

 

In January, President Buhari appointed Justice Tanko as Nigeria's acting chief judge after he suspended the incumbent Justice Walter Onnoghen, who is facing false asset declaration charges. In a highly politicised exchange, the issue has resulted in the filling of dozens of law suits  but last month, Justice Onnoghen decided he had had enough and resigned.

 

He has since been found guilty by the Code of Conduct tribunal of false asset declaration and being unable to explain certain amounts of money in his account. However, the Malcom Omirhobo Foundation went ahead to file an ex-parte application to stop President Buhari swearing Justice Mohammed in.

 

In the suit, the foundation is challenging Justice Muhammad’s fitness to hold the office of the chief justice of Nigeria. However, in his ruling, Justice Inyang Ekwo rejected the group’s ex-parte application, instead directed the applicant to put all the seven defendants on notice.

 

Ex-parte applications are characteristically conducted in the absence of the adverse parties. However, Justice Ekwo ruled that the prayers sought by the applicant in its ex parte application could not be granted in the defendants’ absence.

 

 Following this, the case was adjourned until May 13, for the defendants to show cause. The seven defendants who are to show cause why Justice Mohammad should not be sworn-in include the National Judicial Council, the Federal Judicial Service Commission, Justice Tanko Muhammad, the Federal Government of Nigeria, President Buhari, the Attorney General of the Federation and the National Assembly.

 

In a substantive suit filed in April, the plaintiff had alleged that Justice Mohammad made himself available as a tool that was used in the violation of the constitution, especially with regards to the illegal removal of Justice Walter Onnoghen as the chief justice of Nigeria.

 

Share