A Federal High Court sitting in Abuja, the Federal Capital Territory (FCT), on Friday, dismissed a suit challenging the appointment of Justice Tanko Muhammad as the substantive Chief Justice of Nigeria (CJN).
Justice Inyang Ekwo of the Federal High Court struck out the suit brought by a plaintiff, Omirhobo Foundation, for lack of locus standi to prosecute the case, adding that it acted outside the purpose for its registration.
He held that Section 901 of Part C of Companies and Allied Matters Act (CAMA) provides that “Foundations” are established for charitable causes, which are listed in its objectives.
“Anything done or action taken outside its constitution, is ultra-virus its powers,” Justice Ekwo said.
DAILY POST reports that President Muhammadu Buhari had on Thursday forwarded the name of Justice Muhammad, to the Senate for approval as the substantive CJN.
Buhari, in his letter, explained that the choice of the Acting Chief Justice of Nigeria followed recommendations by the National Judicial Council (NJC).
The letter, which was read by the Senate President, Dr Ahmad Ibrahim Lawan on Thursday on the floor of the Senate, also cited relevant sections of the constitution, noting that the Acting CJN was long overdue in acting capacity.
