Court Approves Suit Against Buhari On Appointment of Judges
The Abuja Division of the Federal High Court, on Wednesday, granted the request of an Abuja-based lawyer, Oladimeji Ekengba, to apply for an order of mandamus to compel President Buhari to appoint all the 33 nominees recommended to him by the National Judicial Council, NJC, as judges of the High Court of the Federal Capital Territory, Abuja.
Justice Inyang Ekwo said he was satisfied that the application deserved to succeed having held that the Applicant placed sufficient materials before the court to warrant granting him the permission to pursue the suit against President Buhari.
“I am satisfied that he has placed sufficient materials of persuasive value”, Justice Ekwo held, though he stressed that granting the Applicant leave to take an action did not amount to deciding on the action itself.
“I, therefore, grant leave to the applicant to seek an order of mandamus directing and/or compelling the 1st Respondent (the President) to act on the recommendation of the National Judicial Council by appointing thirty-three persons as Honourable Judges of the High Court of the Federal Capital Territory pursuant to Section 256 (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended)”, Justice Ekwo added.
The lawyer approached the court to query President Buhari’s decision to select only 11 nominees and drop 21 others that were in the list the NJC forwarded to him in April for consideration.
The Applicant, in an ex-parte motion he filed before the court, insisted that President Buhari was duty-bound to appoint all the 33 nominees in line with the provision of Section 256 (2) of the 1999 Constitution, as amended.
He, therefore, applied for leave of the court to seek an order of mandamus to compel the President to appoint all the nominees as judges, in accordance with NJC’s recommendation.
Aside from President Buhari, the Attorney-General of the Federation is also a Respondent in the matter.
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