JRP foundation contest validity of suit appointing FCT high court Judges, claim it is not labour-related

The Justice Reform Project Foundation has filed a Notice of appeal at the Court of appeal against the decision of the Federal High Court Abuja, presided over by Hon Justice O. Eabang. This notice was filed to dismiss the suit challenging the appointment of some FCT High Court Judges by Muhammudu Buhari.

In the notice of appeal dated on the 23rd day of November, it was indicated that the “Learned Trial Judge misdirected himself in law when he misconstrued the relief as a labour-related claim”, adding that the relief before him “relates to the interpretation of the Constitution, principally, section 153(1) and paragraph 21 of part 1 of the Third Schedule of the Constitution of the Federal Republic of Nigeria”.

According to the second ground of the appeal it was indicated that “The trial judge erred in law when he held that the recommendation of the 5th to 25th respondents to the 1st Respondent by the 2nd Respondent for appointment as Judges of the High Court of the Federal Capital Territory is an employment-related matter and by virtue of section 254(c)(1a) and (1D) of the 1999 Constitution of the Federal Republic of Nigeria ( CFRN) as amended, only the National Industrial Court has jurisdiction to entertain the appellant’s suit”. According to JPF, the 5th-25th Respondents, having only been shortlisted and proposed for the appointment, did not qualify as employees and therefore were not subject to the jurisdiction of the Industrial court.

In its 3rd ground, the Appellant averred that “the learned trial judge erred in law by isolating and determining only the issue of jurisdiction of the Federal High court, thereby denying the Appellant a fair hearing.“They stated that the reason for this was that being a court of the first instance, the learned trial judge is mandated to pronounce on all the issues submitted to him.

Continuing on the issue of erroneousness, the Appellant alleged that the judge also erred in its determining of the suit, when it declared that the Appellant lacked the locus standi to institute the action, noting that it “has an interest beyond a private person or ordinary member of the public” and that it requires no consent of the Attorney General of the Federation to file the action.

The Appellant also contended that the Learned Judge erred by declining to exercise the option of having the proceedings conducted virtually. The Federal High Court Practice Directions for proceedings during the COVID-19 was cited to this end.

They further stated that “preliminary objection to jurisdiction is not a bar to conducting proceedings virtually” and that

“application to hear the matter virtually, by its nature, takes priority over any other application”.

Consequently, the Appellants seeks an order setting aside the decision of the trial

Judge and invoking its general powers under Section 16 of the Court of Appeal Act Cap C36, LFN 2004 to grant all the declarations being sought.

Businessday recalls that this notice of appeal follows a previous suit filed to the Federal High Court which urged it to set aside the recommendation of the National Judicial Council to the President on the appointment of Judges of the FCT High Court on the alleged ground that the nominees failed to meet the criteria and satisfy the extant guidelines on the appointment of Judicial Officers in Nigeria.