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

FG vows crackdown on inflated public contracts
Governance

FG vows crackdown on inflated public contracts

November 2 2026
FG introduces USSD code for loans covering food, solar, others
Headlines

FG introduces USSD code for loans covering food, solar, others

November 2 2026
Ebola: Reps demand immediate release of health emergency funds
Headlines

NCDC identifies two suspected Ebola cases in North-East

October 31 2026
Tinubu jets to Makkah for Umrah
Governance

Tinubu jets to Makkah for Umrah

October 29 2026
Army graduates 384 female soldiers
Latest News

Army graduates 384 female soldiers

October 29 2026
Uzodimma defeats Okorocha in Imo APC senatorial primary
Headlines

Court nullifies Uzodimma’s Senate ticket

October 29 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

Fasoranti: Family announces Dec 17 for funeral

Fasoranti: Family announces Dec 17 for funeral

by The Editor
October 23 2026
0

...

Ooni, Omisore mourn Afenifere leader Fasoranti

Ooni, Omisore mourn Afenifere leader Fasoranti

by The Editor
October 21 2026
0

...

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

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

...

APPOINTMENTS

Enugu APC releases updated campaign council list

by The Editor
October 31 2026
0

...

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

Gov. Okpebholo elevates ex-BBNaija housemate to adviser

by The Editor
October 22 2026
0

...

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

ODDITIES

US pastor marries second wife, says monogamy unbiblical

US pastor marries second wife, says monogamy unbiblical

by The Editor
October 26 2026
0

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

GLOBAL NEWS

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

Russia agrees to ban recruitment of Ghanaian nationals for Ukraine war

by The Editor
November 2 2026
0

...

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

Britain shouldn’t apologise for slave trade; Africa profited, says Kemi Badenoch

by The Editor
November 2 2026
0

...

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

UK to charge varsities $1,200 per Nigerian, other foreign student from 2028

by The Editor
October 27 2026
0

...

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

Trump seeks US ban for Norwegians over Nobel Peace Prize snub

by The Editor
October 27 2026
0

...

Netanyahu orders army to prepare for full West Bank closure after attack

Netanyahu orders army to prepare for full West Bank closure after attack

by The Editor
October 23 2026
0

...

State of the States

Delta SUBEB denies N13.4bn unspent funds claim

Delta SUBEB denies N13.4bn unspent funds claim

by The Editor
October 31 2026
0

...

Ogun State mulls relocation of communities over gas leak

Ogun State mulls relocation of communities over gas leak

by The Editor
October 23 2026
0

...

Gombe confirms cholera outbreak, treats 74 patients

Gombe confirms cholera outbreak, treats 74 patients

by The Editor
October 21 2026
0

...

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
PGF denies report of Uzodimma’s removal as chairman

Why Enugu will vote for APC candidates in 2027 – Gov. Mbah

November 2 2026

Gov. Otti Judo Tourney begins in Umuahia

November 2 2026
Police probe discovery of beheaded teenager’s body in Cross River

Police probe discovery of beheaded teenager’s body in Cross River

November 2 2026
National Assembly proposes more legislative seats for women

National Assembly proposes more legislative seats for women

November 2 2026

EDITORIAL REVIEW

Nigeria’s damning food affordability crisis – Punch

Nigeria’s damning food affordability crisis – Punch

by The Editor
November 2 2026
0

Four states hold high-level talks to tackle insecurity

Boko Haram compounding Nigeria’s case – Punch

by The Editor
October 23 2026
0

Nigeria’s inflation rate falls to 15.43% in July

Economic stability must become shared prosperity – Punch

by The Editor
October 22 2026
0

Nigeria’s vote-buying scourge – Punch

Nigeria’s vote-buying scourge – Punch

by The Editor
October 21 2026
0

Perils of LG Electoral Commission – Punch

Yes, voters, not courts, must decide elections – Punch

by The Editor
October 20 2026
0

Opinion

NAFDAC mops up Europharm products nationwide

What is a Nigerian’s life worth?

by The Editor
November 2 2026
0

...

Blackouts: Broken promises, powering failure – Punch

The revenge of Band A

by The Editor
October 27 2026
0

...

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 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.