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CJN, others ask court to dismiss suit challenging appointment of 12 judges
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, and others, on Thursday, prayed a Federal High Court (FHC), Abuja to dismiss a suit filed by a lawyer, Azubuike Oko, seeking to stop the appointment of 12 judges into the FCT High Court.
Akinlolu Kehinde, SAN, who appeared for Ariwoola, the Chief Judge (CJ) of FCT, Hussein Baba-Yusuf, and National Judicial Council (NJC), told Justice Inyang Ekwo while adopting their processes and presenting their argument against the suit.
In a preliminary objection dated and filed March 1 by the senior lawyer, Kehinde urged the court to strike out or dismiss the suit marked: FHC/ABJ/CS/205/3024 for want of jurisdiction.
The counsel, who gave four-ground of arguments, said under Section 6(6)(c) of the 1999 Constitution (as amended), Section 14(3) of the 1999 Constitution is non-justiciable.
He argued that Oko, the plaintiff, lacked the locus standi to institute the action.
“Under Section 245C(1)(a) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with the employment of judicial officers.
“Under Section 245C(1)(d) of the 1999 Constitution (as amended), the National Industrial Court of Nigeria has exclusive jurisdiction to determine matters relating to or connected with and any dispute over the interpretation and application of Section 42 of the 1999 Constitution as it relates to the employment of judicial officers,” Kehinde argued.
In the affidavit in support of the preliminary objection deposed to by Kemi Esene, a litigation secretary in the law firm of Kehinde and Partners, she told Justice Ekwo that on Sept. 30, 2020, the honourable court dismissed a similar suit.
She said the sult, marked: FC/ABJCS/602/2020 filed by JRP Foundation Ltd against the former President Muhammadu Buhari and 24 others, was dismissed on June 10, 2020.
Esene said the sult had challenged the recommendation of 21 persons by the NJC to Buhari for appointment as judges of the High Court of the FCT.
She said the plaintiff had alleged that the Judicial Service Committee of the FCT acted In bad faith and grossly abused the power vested in it when it submitted the list of nominees for appointment as judges of the FCT High Court to NJC.
The lawyer averred that the court, in its judgment, upheld the preliminary objection of the defendants and said that since the plaintiff was not a party to the procedure for the appointment of the judicial officers, the foundation had no locus to institute the action.
Besides, she said the court held that FHC had no jurisdiction over the matter because the subject matter had to do with employment of the persons recommended by NJC to be appointed as judges by the former president.
When the case was called on Thursday, plaintiff’s lawyer, Nkemakolam Okoro, told the court that the matter was adjourned for hearing and that they were ready to proceed.
Okoro said he filed an originating summons dated and filed Feb. 16.
He said upon receipt of the counter affidavit jointly filed by FCT CJ, NJC and CJN, he filed a response on March 4.
He said he equally filed a counter affidavit on March 4 to oppose their preliminary objection.
Okoro urged the court to grant their reliefs.
Akinola Fasanmi, who appeared for appeared for the Nigeria’s president and the Attorney-General of the Federation (AGF), adopted all the processes filed by Kehinde.
Justice Ekwo adjourned the suit until March 15 for judgment.
The News Agency of Nigeria (NAN) reports that the judge had, on Feb. 23, rejected Oko’s ex-parte motion seeking to stop Baba-Yusuf from appointing 12 judges into the bench of the court.
Justice Ekwo, in a ruling on the ex-parte motion moved by Emmanuel Emerenini, rather directed the plaintiff to put the defendants on notice of the motion ex-parte within 2 days of the order.
Justice Ekwo also ordered Oko, a legal practitioner, to serve the defendants with all processes filed in the suit within two days of the order for the defendants to show cause why the prayers on the motion ought not to be granted in the next adjourned date.
He, however, made an order for accelerated hearing.
Oko, in the motion, had sued Baba-Yusuf, NJC and Federal Judicial Service Commission (FJSC) as 1st to 3rd defendants.
Also joined in the suit are the CJN, President of Nigeria and AGF as 4th to 6th defendants respectively.
The plaintiff sought an order directing the parties in the suit to maintain status quo ante bellum pending the hearing and determination of his motion on notice.
Oko said he hails from Ebonyi, which had been routinely excluded and marginalised with respect to the appointment of judges of the High Court of FCT by Baba-Yusuf, NJC and FJSC.
The lawyer averred that, as a matter of fact, it was the CJ (Baba-Yusuf) that computes the names of qualified lawyers from selected states of the federation and transmitted to FJSC for recommendation to NJC for appointment by the President of Nigeria,as judges of the FCT High Court.
He averred that the states mentioned for nomination of lawyers for appointment as judges into the 12 positions were Bauchi, Bayelsa, Enugu, Imo, Kogi, Kwara, Lagos, Oyo, Plateau, Rivers, Taraba, and Zamfara.
He, however, alleged that currently, Oyo and Kogji “already had two serving judges in the FCT High Court, and the two states were given additional slots, to now have three judges, despite the fact that Ebonyi State has no single serving judge in the High Court of the FCT.”
He prayed the court to grant their motion in the interest of justice.
News
Cement price hike causing building collapse – COREN
Cases of building collapse in the country have been attributed to the arbitrary increase in the price of cement by producers of the product.
The President of the Council for the Regulation of Engineering in Nigeria, Sadiq Abubakar, stated this on Monday in his remarks at the investigative hearing organised by the House of Representatives Joint Committee on Solid Minerals, Industry, Commerce and Special Duties, to probe the price increase of cement in recent times.
This was as the Chairman of the Joint Committee and member representing Karu/Keffi/kokona Federal Constituency, Nasarawa State, Gaza Gbewfi, summoned the Chairman of the Cement Producers Association of Nigeria, David Iweta, for questioning over the development.
Iweta, who did to turn up for the investigative hearing on Monday, was summoned after previously turning down two invitations by the committee.
The committee also charged the association to desist from using frivolous court injunctions to interfere in its work as guaranteed by the provisions of the 1999 constitution (as amended)
“You will agree with me that an increase in the price of cement is one of the key culprits of building collapse. I am trying to connect the hike in the price of cement with the standardisation in our building and the direct connection of building collapse.
“There is a connection with that, and I think this something we must interrogate,” the COREN President said.
Gbewfi, while agreeing with Abubakar, also argued that the cost of cement has also brought about an increment in housing rents across the nation.
“Anything that has to do with livelihood should be treated as an emergency’” the committee chairman said.
At the investigative hearing, the joint committee also queried representatives of the Nigeria Building and Road Research Institute and the Federal Competition and Consumers Protection Council on the arbitrary price increase.
Gbewfi also chided the representative of the Chief Executive Officer of the FCCPC, Boladale Adeyinka for not doing enough to protect the consumers of cement in line with the Act establishing the agency, saying, “You are a mother that has forgotten your children.”
News
Osun State Assembly okays salary increase for political office holders
The Osun State House of Assembly is to send a bill to Governor Ademola Adeleke to increase the salary package of some political office holders.
This was made known by the Speaker of the Assembly, Adewale Egbedun, during plenary on Monday.
The News Agency of Nigeria reports that the salary increment bill titled, ‘Osun State Public/Political Office Holders Reviewed Remuneration Package (Amendment No. 2) Bill 2024,’ was presented to the Assembly on April 30, 2024.
The Majority Leader and the lawmaker representing Ede North State Constituency, Kofoworola Adewunmi, presented the bill to the House as a private member bill.
While reading the policy thrust of the bill, Adewunmi stated that the last time the salaries of public/political office holders in the state were reviewed upwards was in 2007.
He said the salaries stipulated for public office holders in the Osun State Public/Political Office Holders Remuneration Package Law 2007 was, however, no more in tandem with the current economic realities.
“You will agree with me that the current economic reality is not the same as what was obtainable 17 years ago when the law was passed.
“It has, therefore, become imperative to review upwards, the salaries of some public/political office holders to better their living standard which is in tandem with the five points agenda of Governor Ademola Adeleke.
“In addition, the State Assembly resolution taken on May 8, 2008 wherein there was an upward review of the remuneration package of some public/political office holders not covered by Revenue Mobilisation, Allocation and Fiscal Commission, as proposed by the state government, has been further reviewed and subsumed under this bill.” he stated
He equally clarified that the salary increment didn’t affect or cover the lawmakers’ salaries, explaining that state lawmakers’ salaries are statutorily reviewed by the National Assembly.
News
Minimum wage: Labour issues two-week ultimatum to defaulting states
The organised labour comprising of the Nigeria Labour Congress and Trade Union Congress, on Monday, ordered state chapters to issue two weeks ultimatum to states that have failed to implement the old N30,000 minimum wage.
The NLC and TUC took this decision during a jointly held National Executive Council meeting which took place on Monday.
“NEC-in-session further directed all state councils whose state governments are yet to fully implement the N30,00 national minimum wage and its consequential adjustments to issue immediately a joint two-week ultimatum to the culpable state governments to avert industrial action,” NLC’s National President, Joe Ajaero; and TUC’s National President, Festus Osifo, said in a statement.
Speaking further, the unions also called for a one-day action in Anambra State following what was described as the failure of the state government to meet the demands of civil servants in the state.
“Consequently, the NEC-in-session accordingly reaffirms the NLC and TUC joint ultimatum earlier issued to the Anambra State Government by its Anambra State councils. It therefore directed all affiliates and workers in the state council to mobilise their members to ensure a successful action in the event the state government fails to meet the demands of workers by Thursday, the 23rd of May, 2024.
“In the event that the government fails to meet the demands outlined within the stipulated timeframe, the NEC authorises the leadership of the NLC and TUC to take appropriate actions, including but not limited to the mobilisation of workers for peaceful protests and industrial actions, to press home these demands for social justice and workers’ rights.
“NEC therefore calls on all affiliate unions, and workers including Civil Society Organisations across Nigeria to remain united and steadfast in solidarity during this critical period. Together, we shall prevail in our pursuit of a fair and just society that guarantees the dignity and well-being of all its citizens,” the statement added.
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