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  • Court okays suit seeking to quash appointment of new A-Court Justices
  • Court remands priest over alleged culpable homicide

    Fixes  April 8 for hearing, as plaintiff challenges exclusion of South East zone

     

    By Ikechukwu Nnochiri

     

    ABUJA—The Federal High Court sitting in Abuja yesterday fixed April 8 to hear a suit seeking to quash the ongoing process to appoint new Justices of the Court of Appeal.

    The Plaintiff, the Incorporated Trustees of Alaigbo Development Foundation, ADF, approached the court to challenge the exclusion of the South East zone in the appointment.

    In the suit marked FHC/ABJ/CS/347/2021, the Plaintiff, through its lawyer, Mr. Max Ozoaka, posed two legal questions for the determination of the court.

    It wants the court to determine; “Having regard to the oath of office of the Defendants to uphold the Constitution of the Federal Republic of Nigeria, 1999, as amended, and the true intendment of Section 14 (3) and other relevant provisions of the Constitution, whether the Defendants can completely ignore, disregard or infringe at will the principles of justice, fairness, equity, due process and federal character in the on-going exercise of appointment of Justices of the Court of Appeal, particularly with regard to the South East Zone of the Federation. 

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    “Having regard to the principles of equity and good conscience and the true intendment and purpose of the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999, is the South East Zone of the Federation not entitled in the on-going exercise of appointment of justices of the Court of Appeal to 3 (three) new slots in the bench of the Court in direct replacement of the vacancies occasioned and existing in the bench of the Court arising from the elevation, retirement and death of three justices of the Court from that Zone”.

    Upon determination of the questions, the Plaintiff, among other things, wants “A declaration that the action of the Defendants, particularly the 1st, 2nd and 3rd Defendants, in allocating one slot only to the South East Zone of the Federation in the on-going exercise of appointment of the Justices of the Court of Appeal is unjustifiable, unfair, inequitable and contrary to the true intendment of the relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended and ipso facto unconstitutional, unlawful, null and void.

    “A declaration that the South East Zone is entitled to three new slots in the on-going exercise of appointment of the Justices of the Court of Appeal in direct replacement or filling of the vacancies in the bench of the Court of Appeal currently existing in the South East Zone which arose from the elevation, retirement and death of three justices of the Court from the Zone.

    “An order of the Honourable Court restraining the Defendants, especially the 1st 2nd and 3rd Defendants from continuing the on-going exercise of appointment.

    As well as “An Order of the Honourable Court compelling the Defendants to replace or fill the three vacancies in the South East slots in the Court of Appeal bench by appointing three new Justices of the Court in the on-going appointment exercise in direct replacement or filling of the three existing vacancies in the South East slots.”

    Cited as 1st to 5th Defendants in the matter are the National Judicial Council, the Federal Judicial Service Commission, President of the Court of Appeal, Federal Character Commission and the Attorney-General of the Federation.

    Meanwhile, when the suit was mentioned yesterday, Justice Inyang Ekwo held that it deserved expeditious hearing.

    He, therefore, ordered the service of all the relevant processes on the Defendants, even as he adjourned the matter for accelerated hearing.

    Vanguard News Nigeria 

    The post Court okays suit seeking to quash appointment of new A-Court Justices appeared first on Vanguard News.


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