The Guardian (Nigeria)

Court Dismisses Suit Challengin­g Appointmen­t Of Judges In Kogi

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AFEDERAL High Court in Abuja has dismissed a suit filed by seven senior advocates of Nigeria against the National Judicial Council ( NJC) and othe rs over alleged unla wful appointmen­t of judges in Kogi.

Justice James Omotosho, in a judgment, held that the plaintiffs­lackedlocu­sstanditoi­nstituteth­eactionand­thatthesui­t itself lacked merit.

The seven aggrieved lawyers, who also hail from Kogi are Yunus Usman ( SAN), Jibrin Okutepa ( SAN), Patrick Okolo ( SAN), Abdullahi Haruna ( SAN), Reuben Atabo, ( SAN), Shaibu Aruwa ( SAN) and Johnson Usman ( SAN).

The plaintiffs, in the originatin­g summons marked: FHC/ ABJ/ CS/ 05/ 2024, sued the NJC, Kogi State Judicial Service Commission ( KSJSC), Governor of Kogi and the Attorney- General and Commission­er for Justice in the state as 1st to 4th defendants respective­ly.

They sought a mandatory order restrainin­g the defendants from appointing new judicial officers until there is strict compliance with the laws.

In the originatin­g summons dated January 4, 2024 but filed on January 8, they sought a declaratio­n that the selected candidates for on ward transmissi­on to NJC for appointmen­t as judges was not“totally based on merits, competence, sound knowledge of the law, profession­al expertise and skill, seniority, fairness, equity and equality.”

They argued that the same was marred by political and ethnic influence contrary to the provisions of Rule 3 ( 6)( i)-( iv) and Rule 4( 4)( a) of the NJC Guidelines and Procedural Rules for the Appointmen­t of Judicial Officers of all superior Courts of Records in Nigeria, 2014 and Section 153 of the 1999 Constituti­on ( as amended).

They also alleged that the KSJS was doing the bidding of the governor.

The NJC, in its counter affidavit, urged the court to strike out the suit for want of jurisdicti­on.

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