Group Sue NJC, President, others, asks Court to restrain the President from appointing Justice Tanko as CJN
A rights advocate Foundation, by name Malcolm Omirhobo Foundation has dragged the National Judicial Council before the Federal High Court of the FCT.
The Applicant in the suit with suit No. FHC/ABJ/CS/420/2019 is the Board of Trustees of Malcolm Omirhobo Foundation
Also Joined as respondents are, 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.
The Applicant is seeking from the court a 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.
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.
It seeks an order restraining the Senate from confirming the appointment of Justice Tanko as the Chief Justice of the Federal Republic of Nigeria for breach of the Constitution and the Code of Conduct.
The suit was filed on behalf of the Applicant by Chief Malcolm Omirhobo Esq.
No date has been given for the hearing of the suit.
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