Court Dismisses Suit Challenging Appointment Of Judges In Kogi
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.