By Taiye Agbaje
Abuja – An NGO, Mr Malcolm Omirhobo Foundation on Monday filed an appealed, s seeking the reversal of a Federal High Court ruling, which dimissed a suit challenging the confirmation of Justice Tanko Muhammad as substantive Chief Justice of Nigeria (CJN).
NAN reports that on Friday, Justice Inyang Ekwo dismissed the suit , saying the Malcolm Omirhobo, lacked the requisite locus standi to bring the suit, which is the right to initiate legal action, in the matter.
He held that the applicant filed the case under the name of his nongovernmental organisation, registered with the Corporate Affairs Commission.
He said the purpose for which the case was filed was outside what the foundation was created for.
A copy of the notice of appeal with suit no: FHC/ABJ/CS/420/2019 made available to NAN, ”the appellant being dissatisfied with the decision of the Federal High Court of Nigeria, delivered on Friday, 12 July, Coram: Justice I.E. Ekwo, sitting at the Federal High Court, Abuja Division, in suit No. FHC/ABJ/CS/420/2019; do hereby appeal to the Court of Appeal of Nigeria, sitting at Abuja upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4,”
”Grounds of Appeal: The judgment/decision of his lordship at the trial court is unreasonable and cannot be supported having regard to the evidence before the court,” it read.
The complainant therefore, sought from the Appeal Court, ”an order of the Court allowing this appeal, an order setting aside the judgment of the lower court striking out this suit, an order dismissing the respondent’s suit for lacking in merit and for such further order(s) as this Honourable Court may deem fit to make in the circumstance of this appeal.”
Others joined in the appeal are the National Judicial Council (NJC), Federal Judicial Service Commission of Nigeria and the Federal Government.
Also joined in the suit are the President of the Federal Republic of Nigeria, the Attorney General of the Federation and the Nigerian Senate.
No date has been fixed for the hearing in the appeal.
President Muhammadu Buhari, on July 11, forwarded the name of Justice Muhammad to the Senate for approval as the substantive CJN.
NAN reports that Muhammad was sworn in as the Acting CJN on Jan. 25, soon after the President Buhari suspended Justice Walter Onnoghen.