By Onyewuchi Ojinnaka
The suit filed by Alaigbo Development Foundation, (ADF) before a Federal High Court Abuja, against the National Judicial Council (NJC), the President of the Court of Appeal and the Attorney General of the Federation (AGF) over the lopsided appointment of judicial officers has been ordered for accelerated hearing in view of the nature of the case
In the suit marked FHC/ABJ/CS/347/2021, the ADF alleged injustice in the recent appointment of some justices to the Court of Appeal.
The presiding judge, Justice Inyang Ekwo while making the order, further directed that all processes relating to the suit be served on the National Judicial Council, the Federal Judicial Service Commission (FJSC) and the Attorney General of the Federation, Abubakar Malami (SAN), who were not represented in court at Monday’s proceedings.
The judge further ordered the Deputy Registrar of the court to issue hearing notices on all parties before the next adjourned date of April 8, 2021.
Justice Ekwo said that after going through the processes before him, he was satisfied that the matter is the type that should be heard speedily.
He accordingly ordered an abridgement of time and ordered the defendants to file their responses to the suit within five days upon receipt of service.
Joined as defendants in the suit are the National Judicial Council, the Federal Judicial Service Commission, the President of the Court of Appeal, the Federal Character Commission and the Attorney General of the Federation.
The president of the Court of Appeal, Justice Monica Dongban-Mensem was represented in court by Mr. Yakubu Maikyau (SAN).
In the suit, the plaintiff through their counsel, Chief Max Ozoaka condemned the imbalance, lopsided distribution of federal amenities, offices and marginalisation of Nd’Igbo in Nigeria, stressing that it has now escalated to unbearable and alarming proportions and most surprisingly even in the hallowed temple of justice.
It is the contention of the group that “Nd’Igbo should no longer continue to fold their hands while things that are rightfully and legitimately due to them are taken away and given to other zones.
“In the on-going exercise for the appointment of Justices of the Court of Appeal, the South East Zone is rightfully entitled to three slots in direct replacement of the three vacancies in that Court arising since 2020 from the retirement and death respectively of two Justices of the Court from the zone and the earlier elevation to the Supreme Court of one Justice from the zone.
“It is regrettable that rather than directly replace/fill these three vacancies with candidates from the South East as is the norm and practice in the Court, the South East was allocated just one slot while their other two slots are given to other zones. This is against the spirit and intent of the constitutional provisions of Section 14(3) of the 1999 Constitution, as amended.”
In a 34 paragraphs affidavit, the Plaintiff, (ADF), is asking the honourable Court to determine some recondite constitutional questions bothering on Section 14 of the Constitution, inter alia.
Part of the Originating Summons reads: “Having regard to the oath of office of the defendants to uphold the Constitution of the Federal Republic of Nigeria, 1999, as amended, and the true intendment of Section 14 (3) and other relevant provisions of the Constitution, whether the defendants can completely ignore, disregard or infringe at will the principles of justice, fairness, equity, due process and federal character in the on-going exercise of appointment of Justices of the Court of Appeal, particularly with regard to the South East Zone of the Federation.”
