Lawyer sues Buhari, Senators over appointment of new FCT judges

President Buhari

An Abuja-based legal practitioner, Oladimeji Felix Ekengba, has sued President Muhammadu Buhari, the Senate, and others before a Federal High Court, Abuja over the alleged breach of Section 256(2) of the 1999 Constitution of the Federal Republic of Nigeria, in the appointment of judges of the High Court of the Federal Capital Territory.

Ekengba is contending that President Muhammadu Buhari breached the constitution when on July 7, 2020, he forwarded the names of 11 persons recommended for appointment as judges of the FCT High Court to the Senate for confirmation.

The list forwarded to the Senate includes Abubakar Useni Musa, Edward Okpe, B. Abubakar, M. Francis, Jude Nwabueze, Josephine Enobi, Christopher Opeyemi, Mohammed Idris, Hassan Maryam Aliyu, Fashola Akeem Adebowale and Hamza Muazu.

Those joined as respondents in the suit are President, the Attorney General of the Federation and Minister of Justice, the Senate of the Federal Republic, the Federal Republic of Nigeria, the Clerk of the Senate, the Chief Justice of Nigeria (CJN, and the National Judicial Council (NJC).

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The lawyer urged the court to make an order of interim injunction restraining the respondents from screening, confirming and/or swearing in the names of the persons as judges of the FCT High Court pending the hearing and determination of the substantive suit.

In the main motion filed by the lawyer in person, he wants the court to make a declaration that “by virtue of the provision of Section 256(2) of the Constitution of the Federal Republic of Nigeria, 1999, the President cannot abdicate his duties and responsibilities to the Senate for the appointment of persons as judges of the High Court of the Federal Capital Territory.”

“A declaration that the forwarding of the names of Abubakar Useni Musa, Edward Okpe, B. Abubakar, M. Francis, Jude Nwabueze, Josephine Enobi, Christopher Opeyemi, Mohammed Idris, Hassan Maryam Aliyu, Fashola Akeem Adebowale and Hamza Muazu all recommended by the NJC to the President as judges of the High Court of the FCT cannot be subjected to the Senate for screening and confirmation contrary to and in breach of Section 256(2) of the Constitution of Nigeria, 1999 as amended.”

No date has been fixed for hearing of the suit.

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