Court orders President Buhari, others to justify Muhammad Tanko’s appointment as substantive CJN

A Federal High Court, Abuja yesterday gave President Muhammadu Buhari and six others until May 13 to appear before the court to explain why Justice Ibrahim Tanko Muhammad cannot be restrained from being appointed the substantive Chief Justice of Nigeria (CJN).

It also wants to know why there should not be an injunction restraining the Senate (seventh defendant) from confirming Muhammad’s appointment pending the determination of the motion on notice.

Justice Inyang Ekwo ruled following an application by a human rights lawyer, Chief Malcolm Omirhobo, who filed an ex-parte motion praying for the orders.

The Board of Incorporated Trustees of Malcolm Omirhobo Foundation had, in an ex-parte motion filed on April 15, 2019 sought the prayers.

The judge, however, declined to make the orders but instead put the defendants on notice.

Besides Justice Muhammad and the president, who is the fifth defendant in the suit, others are the National Judicial Council (NJC), Federal Judicial Service Commission (FJSC), the Federal Government as well as the Attorney General of the Federation (AGF) and the Senate.

Ruling on the application, Justice Ekwo held: “None of the prayers made in this motion ex-parte can be granted in the absence of the defendants. The plaintiff is hereby ordered to put the defendants on notice. The defendants are hereby granted seven days upon being served to appear and show cause why the application of the plaintiff ought not to be granted.  Case adjourned to May 13, 2019 for the defendants to show cause.”

Also, the jurist ordered the release of the international passport of Senator Ademola Adeleke to enable him travel to the United States for a medical check-up.

Granting the order in an ex-parte application filed on April 30,2019 by the Osun lawmaker, Justice Ekwo directed the court’s deputy chief registrar to release Adeleke’s travel documents to enable him go overseas between May 2 and 9.

“The respondent (police) shall not prevent the first defendant from traveling for medical attention upon attending the invitation of the respondent on May 6, 2019,” he ordered before adjourning till June 10, 2019 to commence trial in the examination malpractice charge slammed against the legislator and others by the force.