A Federal High Court in Abuja, Wednesday, told President Muhammadu Buhari that he acted in contravention of some sections of the constitution in sending names of 11 judges to the Senate for confirmation.
Justice Inyang Ekwo, of the Federal high court held that President Buhari acted with neglect of the provision of Section 256(2) of the Constitution.
President Buhari had, on July 7, forwarded the names of 11 persons recommended for appointment as Judges of the FCT High Court to the Senate for confirmation.
Other respondents in the suit are the Attorney-General of the Federation and Minister of Justice, the Clerk of the Senate, the Chief Justice of Nigeria (CJN) and the National Judicial Council (NJC).
In the suit, the lawyer urged the court to make an order of interim injunction restraining the respondents from screening, confirming and/or swearing in the names of the persons as judges of the FCT High Court pending the hearing and determination of the substantive suit.
He was contending that President Buhari breached the constitution when he forwarded the names of 11 persons recommended for appointment as Judges to the Senate for confirmation.
The judge said the only instance where the president could forward NJC’s recommendation to the Senate, in respect of a High Court judge’s appointment, was when it related to the appointment of a head of court, like the chief judge.
He, however, held that the fact that President Buhari contravened the provision of Section 256(2) of the Constitution did not affect that swearing-in of the judges.
“The issue is straightforward. It is whether the first defendant (the President of the Federal Republic of Nigeria) acted in compliance with the provision of Section 256(2) of the 1999 Constitution (as amended) to have sent the names of the 11 persons recommended for appointment as judges of the High Court of the Federal Capital Territory, Abuja to the Senate for confirmation.
