…..Court rules it is unconstitutional
An Abuja-based lawyer, Oladimeji Ekengba, has filed a suit challenging President Muhammadu Buhari, the Attorney General, Abubakar Malami, and the Senate on the appointment of FCT judges.
Also joined as defendants in the suit were the Chief Justice of Nigeria, CJN, and the National Judicial Council, NJC, Premium Times reports.
Ekengba contended that forwarding the names of the nominees by the president to the Senate was in violation of section 256 (2) of the 1999 Constitution (amended).
He also said the president lacked the power to pick and choose whom among the nominees to appoint as judges recommended by the NJC.
Ruling on the matter, the judge, Inyang Ekwo, agreed that Buhari acted in contravention of the Constitution.
Ekwo said the action of the president could only be permitted or allowed if the appointments concerned the nominees for the head of a court such as the position of a chief judge.
He, however, said despite the ruling, the president’s action would in no way affect the inauguration of the judges.
Meanwhile, the Federal High Court, Abuja, yesterday, ruled that President Buhari contravened the law by sending the names of 11 nominees selected for appointment as high court judges of the Federal Capital Territory to the Senate for confirmation.
The president had in July sent a letter to the Senate seeking the confirmation of the 11 nominees recommended by the National Judicial Council (NJC).
Although the letter was read on the floor of the chamber by the Senate President, Ahmed Lawan, the upper legislative chamber declined to act on the president’s request saying it had no role to play in the appointment of FCT judges.
The judges have since been sworn in by the CJN, Tanko Muhammad.