A Federal High Court sitting in Abuja has dismissed a suit seeking to prevent the confirmation of Justice Ibrahim Tanko as the substantive Chief Justice of Nigeria (CJN).
Justice Inyang Ekwo dismissed the suit while delivering judgment on the case brought before the court by Malcom Omirhobo Foundation.
The foundation had approached the court to stop the confirmation of Justice Muhammad, the country’s acting CJN since Januray, from getting the job on a permanent basis, questioning his fitness and capacity for the job.
In his ruling, Justice Ekwo held that the plantiff lacked the locus standi (the right to bring a case) to bring up the matter in court.
The judge ruled that the plaintiff’s capacity to institute such a matter was beyond the foundation’s purpose.
It held that its registration with the Corporate Affairs Commission (CAC) does not permit it to engage in the “public interest litigation”, which it claimed to be undertaking by filing the action.
“The plantiff (Malcom Omirhobo) exceeded the parameter of his foundation.
“It is the law that the suit must be struck out. I hereby make an order striking out this action”, Justice Ekwo ruled.