The Federal High Court in Abuja has been asked to make an order restraining President Muhammadu Buhari from appointing Justice Ibrahim Tanko Muhammad as the Chief Justice of Nigeria (CJN).
The Board of Incorporated Trustees of Malcolm Omirhobo Foundation had, in an exparte motion filed on April 15, 2019, asked the court to stop Justice Muhammad’s appointment as CJN, pending the hearing and determination of the motion on notice filed by the foundation.
The plaintiff, also asked for an order of interim injunction restraining the Senate of the Federal Republic of Nigeria (7th defendant) from confirming the appointment of Justice Muhammad as CJN pending the determination of the substantive suit challenging his appointment.
After reading the affidavit in support of the exparte motion sworn to by Chief Malcolm Emokiniovo Omirhobo, a lawyer, Justice Ekwo then ordered that “None of the prayers made on this motion exparte can be granted in the absence of the defendants”.
Justice Ekwo then ordered the National Judicial Council (NJC), Federal Judicial Service Commission, Justice Muhammad, Federal Government, President Buhari Attorney General of the Federation and the Senate, who are the seven defendants in the motion to be put on notice.
He gave the defendants seven days, upon being served with a notice on the matter, to appear and show cause why the application of the plaintiff should not be granted.
Justice Ekwo then adjourned till May 13, 2019, for the defendants to appear in court to show cause.
In same vein. Justice Ekwo also ordered the release of the International Passport of Senator Ademola Adeleke to enable him to travel to the United States of America (USA) for medical checkup.
Granting the order in a motion exparte filed on April 30, 2019, by the senator, the judge directed the Deputy Chief Registrar of the Federal High Court, Abuja to release Adeleke’s travel documents to enable him travel abroad between the period of May 2nd and 9th, 2019.
“The respondent (Police) shall not prevent the first defendant from travelling for medical attention upon attending the invitation of the respondent on May 6th, 2019”, the Judge ordered and adjourned till June 10, to commence trial in the examination malpractices charge slammed against Adeleke and others by the Police.