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CJN, others ask court to dismiss suit challenging appointment of 12 judges

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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(NAN)

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I Can’t Feed My Family Again; I Make N20,000 Daily But Spend N17,000 On Fuel — Taxi Driver Laments

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Despite earning N20,000 daily, Ajibaye says he takes home only N3,000 after fuel expenses, leaving him unable to cater to his children and wife.

A commercial driver identified as Wahab Ajibaye based in Ilorin, Kwara State has expressed frustration over the rising fuel prices, saying it has left him struggling to provide for his family.

Despite earning N20,000 daily, Ajibaye says he takes home only N3,000 after fuel expenses, leaving him unable to cater to his children and wife.

He said: “I am buying fuel for N1100 and I make N20,000 (daily) but I take only N3,000 with me to my house (after work). I am the owner of my car but I am no longer making enough to cater to my children and my wife. The All Progressives Congress (APC) government will not end well. Nigeria is becoming worse and we pray God takes away this set of current leaders.”

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Ajibaye blamed the ruling APC government for the hardship faced by Nigerians, saying, “Their government is bringing more suffering. They’re not ashamed, despite many Nigerians cursing them. They should rethink.”

The ruling All Progressives Congress (APC) had recently agreed that the policies initiated by President Bola Tinubu resulted in growing economic hardships in Nigeria.

The party in a statement issued by the party’s National Publicity Secretary, Barrister Felix Morka had said this, while responding to a former national vice chairman (North West) of the party, Salihu Mohammed Lukman.

Recall that Lukman had berated the party for bad governance, adding that former President Muhammadu Buhari and incumbent President Bola Ahmed Tinubu have failed to deliver on their campaign promises.

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Lukman, therefore, urged opposition leaders to unite and work hard to defeat the APC-led government in 2027.

But reacting, Morka in a statement on Tuesday argued that President Tinubu was taking bold measures to reset the country’s “long broken economy”, explaining that his reforms had increased economic hardship in the country.

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LASG shuts down Idera market over ‘environmental pollution

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By Kayode Sanni-Arewa

The Lagos State Environmental Sanitation Corps (LAGESC) says it has sealed off the Idera market in the Oshodi metropolis.

In a statement on Thursday, Ajayi Lukman, LAGESC spokesperson, said the agency sealed the market due to unhygienic practices and indiscriminate dumping of refuse, which contravened the environmental law of the state.

He said the measure was taken to enforce adherence to environmental cleanliness across registered markets in the state.

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‘‘Our operatives stationed across the Oshodi division during routine market monitoring identified the filth, unhygienic practices, and indiscriminate dumping of refuse around the Idera Market area, which prompted us to seal off the market until further notice,” the statement reads.

Lukman quoted Olaniyi Cole, the corps marshal of the agency, as decrying the level of hygiene at the market, which could lead to an outbreak of diseases.

He said Cole frowned at the inability of the market leadership to provide a valid waste collection contract, which resulted in the heaps of refuse in the facility.

He added that the display of wares for sale on road setbacks, lay-bys, medians, verges, kerbs, street trading, and hawking remained banned in the metropolis.

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The LAGESC corps marshal reiterated the ban on the sales, distribution, and usage of styrofoam in the state, noting that anyone found culpable would be punished decisively.

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Hours to Edo guber polls, major opposition candidate crumbles structure for Ighodalo

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By Kayode Sanni-Arewa

Hours to the Edo State governorship election, the guber candidate of the All Peoples Party (APP)Amb Osalumese Areloegbe on Thursday morning collapsed the structure for the governorship candidate of the Peoples Democratic Party (PDP), Dr. Asue Ighodalo and his running mate, Osarodion Ogie Esq.

Addressing journalists at the party secretariat in Benin City, Areloegbe said his decision to collapse the structure for the PDP candidate was because he believed that Ighodalo had all it would take to govern the state to greater heights.

According to him, I urged all my followers and supporters to disregard any information that I have aligned with the All Progressives Congress (APC) governorship candidate, Senator Monday Okpebholo.

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“I am supporting Asue Ighodalo because he is competent, not that I am not competent but I believe Asue is on the forefront. That is my reason for supporting his candidacy.

“My party is aware because they have been having a series of negotiations for us to align with the APC, and I told them categorically that I am supporting PDP. My eighteen local government followers are in full support of my decision, I mean 100 per cent supporting the PDP candidate, Barr. Asue Ighodalo and his running mate, Barr. Osarodion Ogie in this election.

“My choice for Asue Ighodalo is because, apart from myself, I see him as the next better candidate that I can support and I can put my weight on because he has the capacity, mentally, physically and otherwise to pilot the affairs of Edo State to greater heights.

“The national secretariat of my party, APP – they are in Abuja and I am in the state, and know much more of what is happening in Edo State. They are not here and don’t know what is going on here in Edo. And I am in a position to tell them what will be better for the Edo people.

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“There is a parable that says, ‘You cannot shave a man’s head when he is not present’. I am here in Edo State and I know who to support and why I am supporting him. The national leadership might have taken a different tone, but this is what I and my followers have chosen.

“We had a series of other politicians who had made such decisions before. That is why I agreed with the support of my supporters to collapse my structure for the governorship candidate of the PDP Barr. Asue Ighodalo and his running mate, Barr. Osarodion Ogie.”

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