TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

CJN: Buhari, Senate, AGF get 14 days to defend choice

The Citizen by The Citizen
May 14 2019
in Governance, Latest News
A A
0
Buhari leads as INEC announces results from 12 states, FCT

President Muhammadu Buhari, the Senate and the Attorney-General of the Federation (AGF) were not in court yesterday for the hearing of a suit querying the choice of Justice Ibrahim Muhammad as the Chief Justice of Nigeria (CJN).

Justice Inyang Ekwo of the Federal High Court, Abuja had, on May 3, ordered respondents in the suit to show why reliefs contained in an ex-parte motion by the plaintiff should not be granted.

In the motion ex-parte, the plaintiff – the Board of Trustees of Malcom Omirhobo Foundation — approached the court to seek “an order of interim injunction restraining the fifth defendant (Buhari) from appointing the third defendant (Justice Muhammad) as the Chief Justice of the Federal Republic of Nigeria pending the determination of the motion on notice filed herein”.

It is seeking also “an order of interim injunction restraining the 7th defendant (the Senate)  from confirming the appointment of the 3rd defendant as the Chief Justice, pending the determination of the motion on notice.”

Named as defendants in the suit are: National Judicial Council (NJC), Federal Judicial Service Commission of Nigeria (FJSCN), Justice Muhammad, Federal Republic of Nigeria (FRN), President Buhari and the AGF and the Senate.

But yesterday, only three of the defendants – the NJC, FJSCN and Justice Muhammad – were represented by lawyers.

The NJC was represented by Elizabeth Jonathan, while Sani Sule announced appearance for the FJSC.

A.O Ajana, who appeared for Justice Muhammad, said he appeared in protest because his client was not served with court processes.

Plaintiff’s lawyer, Malcom Omirhobo admitted that  Justice Muhammad was yet to be served with the processes and the order made by the court on May 3.

Omirhobo said other defendants had been served. He consequently withdrew the motion he filed for leave to serve Justice Muhammed through substituted means when Ajana agreed to accept service for his client.

When Justice Ekwo indicated that he would like to hear the case promptly, the plaintiff’s lawyer withdrew the motion on notice he filed for an order restraining the defendants from appointing Justice Muhammad in substantive capacity.

The judge then gave the defendants 14 days to respond to the substantive suit and  adjourned hearing till June 3.

Justice Ekwo ordered that hearing notices be issued and served on parties that were not in court yesterday.

The plaintiff, in the substantive suit, is praying the court to restrain President Buhari from appointing the Justice Muhammad as the substantive CJN.

The plaintiff contended that the Acting CJN conducted himself in a manner that reduced the confidence of the public in the integrity and impartiality of the judiciary.

It argued that President Buhari lacked the constitutional powers to unilaterally suspend and/or remove a CJN from office, as was done in the case of former CJN Walter Onnoghen.

The plaintiff is praying the court to declare that by combined interpretation of sections 1(1 )(2), 231(4), 292(1)(a)(i)(b), 153(1)(i), 158(1) and paragraph 21 (a)(b) of Part 1 of the Third Schedule of the 1999 Constitution, as amended, “it is unlawful and undemocratic for the 4th and 5th Defendants (Federal Government and President Buhari), to declare the office of the CJN vacant on January 25, 2019 and consequently appoint and swear in the 3rd Defendant as the acting CJN”.

It also wants to restrain the National Assembly from confirming Justice Muhammad’s appointment as the substantive CJN.

He is praying the court to declare that Justice Muhammad, who is the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen.

The plaintiff wants the court to declare that Justice Muhammad, having made himself available as a tool for the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.

It prayed for: “An order, compelling the 2nd Defendant (FJSC), to select and the 1st Defendant (NJC), to recommend the most qualified Justice of the Supreme Court of Nigeria that is fit and proper,  to the fifth defendant, for appointment to office of the CJN, and for the confirmation of the seventh defendant with a two third majority vote.”

In a supporting the affidavit, the plaintiff stated that unless restrained by the court, the executive arm of the government would continue to violate the extant provisions of the Constitution and sanctity of the judiciary.

Previous Post

Gambian envoy in Abuja to understudy TSA implementation, as transaction volume hits N30tn

Next Post

Govt plans low-key inauguration for Buhari May 29

Related Posts

NCDC takes over Nasarawa office, plans N400m remodeling
Governance

NCDC takes over Nasarawa office, plans N400m remodeling

September 11 2026
Lagos offers police officers free transport for 3 months
Governance

Lagos offers police officers free transport for 3 months

September 11 2026
2027: Why I can’t step down for Atiku – Peter Obi
Latest News

2027: Why I can’t step down for Atiku – Peter Obi

September 11 2026
NDC candidates sign affidavits as party moves against defections
Latest News

2027: NDC wins logo war, secures INEC approval

September 11 2026
FG reopens all 47 unity schools, reaffirms commitment to students’ safety
Headlines

Nigerian students to get free 100MB data to access educational platforms

September 11 2026
Political thugs block Peter Obi’s convoy into Benue
Headlines

Political thugs block Peter Obi’s convoy into Benue

September 8 2026
Next Post
FG to stop production of Nigerian movies, music, abroad

Govt plans low-key inauguration for Buhari May 29

Mainagate: Why Dambazzau was absent at FEC meeting — Fed Govt

We pay ransoms to bandits daily, Zamfara LG chief tells minister

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

ODDITIES

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

GLOBAL NEWS

US, Israel, Iran agree to 2-week ceasefire as Trump pulls back on threats

US Appeal Court affirms block on Trump bid to curb mail-in ballots

by The Editor
September 11 2026
0

...

Trump promises Americans $5,000 if Republicans win Congress

Trump promises Americans $5,000 if Republicans win Congress

by The Editor
September 11 2026
0

...

UK bans trade in goods from Israeli settlements in occupied West Bank

UK bans trade in goods from Israeli settlements in occupied West Bank

by The Editor
September 8 2026
0

...

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

State of the States

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

September 11 2026
NCDC takes over Nasarawa office, plans N400m remodeling

NCDC takes over Nasarawa office, plans N400m remodeling

September 11 2026
Ondo LG shuts schools over security concerns

24 die after consuming herbal drinks in Ondo

September 11 2026
Gunmen kill Polaris Bank manager in Imo kidnapping attack

Gunmen kill Polaris Bank manager in Imo kidnapping attack

September 11 2026

EDITORIAL REVIEW

EFCC recoveries: The good, the bad and the ugly – Punch

EFCC recoveries: The good, the bad and the ugly – Punch

by The Editor
September 11 2026
0

Football’s house of failure – Punch

Football’s house of failure – Punch

by The Editor
September 8 2026
0

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.