Federal High Court in Abuja on Friday struck out the suit challenging the appointment of Justice Ibrahim Tanko Muhammad as the substantive Chief Justice of Nigeria (CJN).
The trial Judge, Justice Inyang Ekwo, ln a judgment he delivered Friday held that the plaintiff, the Board of Incorporated Trustees of Malcolm Omirhobo Foundation does not have the locus standi to file the suit.
Ekwo agreed with the National Judicial Council (NJC), President Nuhammadu Buari and four other defendants in the suit to the effect that the plaintiff has no legal right to institute the legal action, in the name of public interest litigation.
The Judge held that the plaintiff is not, authorised, by its registration with the Corporate Affairs Commission (CAC) to embark on this type of litigation.
Following the prosecution and the suspension of the immediate past CJN, Justice Walter Onnoghen on the strength of an ex parte order obtained from the Code of Conduct Tribunal (CCT), where Onnoghen was being prosecuted for non disclosure of some of his assets, Buhari suspended him and appointed Justice Muhammad in acting capacity.
The development led to filing of a suit before the Federal High Court, Abuja, by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation to stop the appointment of Justice Muhammad as the CJN.
The suit had, the NJC, the Federal Judicial Service Commission (FJSC), Justice Muhammad, Federal Government, President Muhammadu Buhari, Attorney General of the Federation and the Senate as defendants in the suit.