A constitutional lawyer, Chief Barr. Malcom Omirhobo has filed a case at the Federal High Court, Abuja, demanding the court to prevent appointment of Muhammad Tanko, as the Chief Justice of Nigeria (CJN), by President Muhammadu Buhari.
The Lagos-based human rights lawyer who previously sued the Federal Government, demanding for the reversal of the removal of Walter Onnoghen as the Chief Justice of Nigeria, at the Federal High Court in Abuja.
Filing the case in the name of Malcom Omirhobo Foundation, he has the National Judicial Council (NJC), Federal Judicial Service Commission, the acting CJN, Federal Government of Nigeria, Nigerian president, attorney general of the federation and the National Assembly, as litigants in the case.
The law suit marked FHC/ABJ/CS/420/2019 before Justice Inyang Ekwo, Chief Omirobo is also seeking for a declaration that by combined interpretation of true letters and spirit of Sections 1(1 )(2), 231(4), 292(1)(a)(i)(b), 153(1)(i), 158(1) and paragraph 21 (a)(b) of Part 1 of the Third Schedule of the 1999 Constitution, it is unlawful and undemocratic for the 4th and 5th defendants to make the office of the CJN vacant on January 25, 2019 and subsequently appoint and swear in the 3rd defendant as the acting Chief Justice of Nigeria.
The barrister has demanded the court to declare that the suspension or removal of the Chief Justice of Nigeria from office is a shared responsibility of the 1st defendant, 5th defendant and 7th defendant and that the 5th defendant, President Buhari, does not have any power under the law to suspend or remove the Chief Justice from office.
The applicant, Chief Omirhobo is also pleading with the federal high court to declare that the acting CJN, unfit for the position of the Chief Justice of Nigeria, having previously conducted himself a tool used in the violation of the Constitution.
He said that the acting CJN has casted doubt upon his integrity by allowing himself to be used as a tool used in the transgression of the constituency of Nigeria.
Omirhobo supported his claims in a 65-paragraph affidavit, which contained that the removal of the CJN did not follow due process of law, amidst other claims.
The applicant also asked the federal high court to pass an order to stop President Muhammadu Buhari from appointing Muhammad Tanko as the CJN.
“An order of court, restraining the 7th defendant from confirming the appointment of the 3rd defendant as the CJN.
“Order, compelling the 2nd defendant to select and the 1st defendant to recommend the most qualified Justice of the Supreme Court of Nigeria that is fit and proper to the 5th defendant for appointment to office of the CJN and for the confirmation of the 7th defendant with a two third majority vote”
He further added that unless the defendants are restrained, the constitution of Nigeria would incessantly be violated by some members of the executive arm of government.