The Federal High Court, Abuja, on Wednesday, fixed July 21 for hearing in a suit asking it to stop the Senate from screening and confirming 11 persons sent to it by President Muhamnadu Buhari as judges of High Court of FCT.
Justice Inyang Ekwo adjourned the matter after taking the motion exparte with suit number: FHC/ABJ/CS/733/2020 brought by Oladimeji Ekengba, an Abuja-based legal practitioner.
Ekengba had filed the suit over what he called alleged breach of Section 256 (2) of the Nigerian Constitution, 1999, in the appointment of judges of the FCT High Court. Other respondents in the suit are the Attorney General of the Federation and Minister of Justice, the Clerk of the Senate, the Chief Justice of Nigeria (CJN) and the National Judicial Council (NJC).
In the suit, 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.
Ekengba was contending that President Buhari breached the constitution when on July 7, he forwarded the names of 11 persons recommended for appointment as Judges of the FCT High Court to the Senate for confirmation.
He, therefore, prayed 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 of the Federal Republic of Nigeria 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 National Judicial Council to the President of the Federal Republic of Nigeria as judges of the High Court of the Federal Capital Territory 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.”
Ekengba, on Wednesday, told Justice Ekwo that the exparte motion which was dated July 8, was filed the same date.
After listening to the lawyer, Justice Ekwo ordered him to put the defendants on notice.
“I have studied the term of the prayers of the motion. I am of the view that the prayers cannot be granted in the absence of the defendants,” he held.
He then adjourned the matter until July 21 for hearing.(NAN)
