A suit seeking to stop the confirmation of Ibrahim Muhammad as the Chief Justice of Nigeria has been struck out, by a Federal High Court sitting in Abuja.
The senate has been requested to confirm Muhammad as the substantive CJN, by President Buhari.
Since January when Justice Walter Onnoghen was suspended by the president on the allegation of false declaration of assets, Muhammad has occupied the position on acting capacity.
But the board of incorporated trustees of Malcolm Omirhobo foundation had in an exparte motion filed on April 15, urged the court to stop Muhammad’s appointment on the ground that the code of conduct for judicial officers was “violated”, when the acting CJN was appointed.
Furthermore, the plaintiff asked for the order of interim injunction to stop the senate not to proceed on the confirmation of Muhammad as a substantive CJN.
However, delivering judgement on the matter this Friday, the presiding Judge, Justice Inyang Ekwo, ruled that the applicant, lack the “locus standi” in the matter.
The judge ruled that the applicant, filed his case under the name of his NGO, registered with the corporate affairs commission.
He stated that the case was beyond the purpose in which his Non Governmental Organisation was created for.
“The plaintiff exceeded the parameter of his foundation” the judgement read.
“It is the law that the suit must be struck out. I hereby make an order, striking out this case”.