Court Refuses Exparte Application to Restrain President from Appointing Tanko as substantive CJN

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…Asks Plaintiff to put Defendants on Notice

The Federal High Court sitting in Abuja has refused an exparte application seeking to restrain the President from Appointing Justice Tanko as substantive Chief Justice of Nigeria.

The Board of Incorporated Trustees of Malcolm Omirhobo Foundation had dragged the National Judicial Council, the Federal Judicial Service Commission, the President of the Federal Republic of Nigeria, the Attorney General of the Federation, among others before the Federal High Court sitting in Abuja.

The Applicant in the suit is seeking the courts declaration that the Constitution never contemplated suspension or removal from office by an Exparte Order of Court as one of the grounds for which the office of the Chief Justice of the Federal Republic Nigeria can become vacant.

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The Applicant also seeks a declaration that the suspension and/or removal of the Chief Justice of Nigeria from office is a shared responsibility of the N.J.C, the President and the Senate and that the President do not have the vires or power under the law to unilaterally suspend and/or remove the Chief Justice of Nigeria from office.

The Court upon hearing the exparte Application for interim injunction argued by Chief Malcolm Omirhobo, Esq, the Applicants’ Counsel held that none of the prayers can be granted in the absence of the Defendants.

The court consequently ordered that the defendants be put on Notice.

The matter was adjourned to May 13, 2019 for defendants to appear show cause.