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CJN, others ask court to dismiss suit challenging appointment of 12 judges
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, and others, on Thursday, prayed to the Federal High Court (FHC), Abuja, to dismiss a suit filed by a lawyer, Azubuike Oko, seeking to stop the appointment of 12 judges to the FCT High Court.
Akinlolu Kehinde, SAN, who appeared for Ariwoola, the Chief Judge (CJ) of FCT, Hussein Baba-Yusuf, and National Judicial Council (NJC), told Justice Inyang Ekwo while adopting their processes and presenting their argument against the suit.
In a preliminary objection dated and filed March 1 by the senior lawyer, Kehinde urged the court to strike out or dismiss the suit marked: FHC/ABJ/CS/205/3024 for want of jurisdiction.
The counsel, who gave four- grounds of argument, said under Section 6(6)(c) of the 1999 Constitution (as amended), Section 14(3) of the 1999 Constitution is non-justiciable.
He argued that Oko, the plaintiff, lacked the locus standi to institute the action.
“Under Section 245C(1)(a) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with the employment of judicial officers.
“Under Section 245C(1)(d) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with and any dispute over the interpretation and application of Section 42 of the 1999 Constitution as it relates to the employment of judicial officers,” Kehinde argued.
In the affidavit in support of the preliminary objection deposed to by Kemi Esene, a litigation secretary in the law firm of Kehinde and Partners, she told Justice Ekwo that on Sept. 30, 2020, the honourable court dismissed a similar suit.
She said the sult, marked: FC/ABJCS/602/2020 filed by JRP Foundation Ltd against the former President Muhammadu Buhari and 24 others, was dismissed on June 10, 2020.
Esene said the sult had challenged the recommendation of 21 persons by the NJC to Buhari for appointment as judges of the High Court of the FCT.
She said the plaintiff had alleged that the Judicial Service Committee of the FCT acted In bad faith and grossly abused the power vested in it when it submitted the list of nominees for appointment as judges of the FCT High Court to NJC.
The lawyer averred that the court, in its judgment, upheld the preliminary objection of the defendants and said that since the plaintiff was not a party to the procedure for the appointment of the judicial officers, the foundation had no locus to institute the action.
Besides, she said the court held that FHC had no jurisdiction over the matter because the subject matter had to do with the employment of the persons recommended by NJC to be appointed as judges by the former president.
When the case was called on Thursday, plaintiff’s lawyer, Nkemakolam Okoro, told the court that the matter had been adjourned for hearing and that they were ready to proceed.
Okoro said he filed an originating summons dated and filed Feb. 16.
He said upon receipt of the counter affidavit jointly filed by FCT CJ, NJC, and CJN, he filed a response on March 4.
He said he equally filed a counter affidavit on March 4 to oppose their preliminary objection.
Okoro urged the court to grant their relief.
Akinola Fasanmi, who appeared for appeared for Nigeria’s president and the Attorney-General of the Federation (AGF), adopted all the processes filed by Kehinde.
Justice Ekwo adjourned the suit until March 15 for judgment.
The News Agency of Nigeria (NAN) reports that the judge had, on Feb. 23, rejected Oko’s ex-parte motion seeking to stop Baba-Yusuf from appointing 12 judges to the bench of the court.
Justice Ekwo, in a ruling on the ex-parte motion moved by Emmanuel Emerenini, rather directed the plaintiff to put the defendants on notice of the motion ex-parte within 2 days of the order.
Justice Ekwo also ordered Oko, a legal practitioner, to serve the defendants with all processes filed in the suit within two days of the order for the defendants to show cause why the prayers on the motion ought not to be granted in the next adjourned date.
He, however, made an order for an accelerated hearing.
Oko, in the motion, had sued Baba-Yusuf, NJC, and Federal Judicial Service Commission (FJSC) as 1st to 3rd defendants.
Also joined in the suit are the CJN, President of Nigeria, and AGF as the 4th to 6th defendants, respectively.
The plaintiff sought an order directing the parties in the suit to maintain status quo ante bellum pending the hearing and determination of his motion on notice.
Oko said he hails from Ebonyi, which had been routinely excluded and marginalised with respect to the appointment of judges of the High Court of FCT by Baba-Yusuf, NJC, and FJSC.
The lawyer averred that, as a matter of fact, it was the CJ (Baba-Yusuf) that computes the names of qualified lawyers from selected states of the federation and transmitted to FJSC for recommendation to NJC for appointment by the President of Nigeria,as judges of the FCT High Court.
He averred that the states mentioned for nomination of lawyers for appointment as judges into the 12 positions were Bauchi, Bayelsa, Enugu, Imo, Kogi, Kwara, Lagos, Oyo, Plateau, Rivers, Taraba, and Zamfara.
He, however, alleged that currently, Oyo and Kogji “already had two serving judges in the FCT High Court, and the two states were given additional slots to now have three judges, despite the fact that Ebonyi State has no single serving judge in the High Court of the FCT.”
He prayed the court to grant their motion in the interest of justice.
(NAN)
News
Customs disolves border patrol team amidst smuggling, brutality allegations
The Nigeria Customs Service (NCS) has announced the dissolution of its Joint Border Patrol Team (JBPT).
The Public Relations Officer of the NCS, Abdullahi Maiwada, in a statement Tuesday, said the decision was made after due consultation with the office of the National Security Adviser (ONSA).
The House of Representatives had, on December 11, mandated its Committees on Customs and Excise, Defence, to investigate the operations and activities of the NCS across the nation’s borders over alleged complicity in aiding smuggling and involvement in brutality against Nigerians.
The committees were also directed to examine the role of military personnel attached to Customs patrols in order to ensure their operations comply with legal frameworks and human rights standards.
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The resolutions followed the adoption of a motion of urgent public importance by Rep. Sesi Whingan who alleged that rather than prevent smuggling, recent reports showed that Customs’ personnel across the borders were aiding and abetting smuggling.
But the Customs spokesman explained yesterday that the dissolution of the joint border patrol team was part of the NCS’ efforts to strengthen border management and reinvigorate its 2025 enforcement strategy.
The JBPT, coordinated by the ONSA, evolved from an ex-swift response team to become a tripartite operation comprising Benin Republic, Niger Republic and Nigeria.
The patrol team was tasked with combating smuggling, irregular migration, and other transnational organised crimes along the nations’ borders, among others.
Maiwada said the team’s dissolution would not compromise border security or trade facilitation, but represents a significant step towards modernising Customs’ operations, improving trade compliance and strengthening national security.
The NCS said the move was part of the organisation’s ‘2025 enforcement strategy’.
“This strategy is aimed at removing bottlenecks associated with trade, strengthening border security, combating smuggling, and facilitating legitimate trade,” he said.
Maiwada also disclosed that Adewale Adeniyi, NCS Comptroller-General, had approved the reduction of customs checkpoints across the country to streamline its operations and to ease movement of goods and persons.
According to the statement, Adeniyi said the NCS would shift reliance to intelligence.
“Moving forward, customs operations will rely more on actionable intelligence and strategic risk management frameworks to enhance efficiency and effectiveness,” the statement quoted the CG as saying.
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Nigerians Are In Pains Because We Chose Darkness In Place Of Light — Bishop Kukah
The Catholic Bishop of Sokoto Diocese, Matthew Kukah, has stated that Nigerians are pains because they refused to be liberated from “darkness.”
The priest said this in his Christmas message at the Holy Family Cathedral Catholic Church, Sokoto Diocese on Tuesday night.
He emphasised that embracing transparency, accountability, and integrity in public service, politics, and individual conduct could significantly improve the country’s current state.
He said, “Nigeria’s lack of visible and measurable progress is tied to the fact that we have chosen darkness rather than light.
“Imagine if we let the light shine on our public service, on our politics, on our individual, community, and national life, and on our public institutions. Imagine what Nigeria would be like if we chose light instead of darkness.
“They will know we are Christians by our love,” highlighting that the country’s journey to greatness remains constrained by ethnicity, nepotism, and greed.
“We are still unable to embrace the ideals of our national anthem that says: ‘Though tribe and tongue may differ, in brotherhood we stand.’ Diversity is a gift from God. Let us use it effectively as a tool for national mobilization and cohesion,” he advised.
Kukah also lauded the passage of the “Not Too Young to Run Bill” in 2018, which opened doors for increased youth participation in politics.
However, he acknowledged the ongoing challenges, such as the high costs of political participation and issues of internal democracy, which still hinder young people’s active engagement.
He also commended the enactment of the Student Loan Act 2024 and the establishment of the Nigerian Education Loan Fund by the federal government.
These initiatives, he noted, have the potential to expand opportunities for Nigerian youth, including those pursuing vocational and technical skills.
“It is significant that the Act does not limit access to university students alone. We hope this project will be free of bureaucratic bottlenecks and favoritism, ensuring that poverty does not exclude anyone from receiving a good education,” Kukah said.
He encouraged the youth to take full advantage of these opportunities while also expressing concern about the ongoing security challenges in the country, which he described as a persistent obstacle to national stability.
Kukah, however, called on all Nigerians to choose the path of light, unity, and love, stressing that these values are essential for the nation’s progress and development.
News
Omole celebrates christian faithful, says this is time for renewal of faith in nation and state
As Christians across the globe celebrate the birth of Jesus Christ, the Foundation of christianity today, the Coordinator of the Osun PDP Dynamic Support Group, Comrade Omole Oluwasegun has called on Christians in Osun State and Nigerians as a whole to renew their faith in our country, insisting that our nation must be great again.
Omole noted that Nigeria is blessed with enormous material and human resources.
He said Nigerians should believe in the greatness of our nation and support the Government to achieve the required dividends.
He called on Christians to use the occasion of the birth of Jesus Christ to rededicate themselves to the advancement of the ideals of nation building. He also called for prayers against societal ills such as terrorism, banditry and kidnapping.
Omole said Nigeria and its leaders need all the prayers and support at this time to positively change the fortunes of our fatherland.
“May this Christmas present for you an opportunity to renew and grow your faith in God and our nation, Nigeria. And may you and your family be blessed beyond measure”, he prayed.
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