BREAKING: Court Throws Out Igbo Group’s Suit Challenging Appointment Of 18 Appeal Court Judges

The Federal High Court, Maitama Abuja, has struck out a case alleging marginalisation of the South-East in the appointment of Court of Appeal judges.

Presiding judge Inyang Ekwo held on Friday that the plaintiff lacked competence to appear before the court (locus standi).

The suit was filed by the incorporated trustees of Alaigbo Development Foundation.

The defendants are the National Judicial Council, Federal Judicial Service Commission, President of the Court of Appeal, Federal Character Commission and the Attorney-General of the Federation, Abubakar Malami.

The foundation had argued that Igbos deserved three slots in the recent appointment of eighteen Appeal Court Judges, not one.

The plaintiff had sought for “a declaration that the action of the Defendants, particularly the 1, 2 and 3 Defendants, in allocating one slot only to the South East Zone of the Federation in the on-going exercise of appointment of the Justices of the Court of Appeal is unjustifiable, unfair, inequitable and contrary to the intendment of the relevant provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended and ipso facto unconstitutional, unlawful, null and void,” his processes partly read.

But Ekwo said that the foundation has no right to challenge the operations of an agency of Government.

He agreed with the defendant’s preliminary objection which was on issues of locus standi of the plaintiff.

“I noticed that the plaintiff is registered as a cooperate body in Nigeria with base in Enugu and with branches across the South-east and in the Federal Capital Territory.

“The plaintiff refered to itself as an NGO, therefore the plaintiff ought to have studied what an NGO is before registering under CAMA.

“Simply, the plaintiff has exceeded its parameters….as a registered business.

“There is no provision for public litigation by a body registered under CAMA against agencies of Government but for its members.

“I therefore hold…that it cannot initiate this action and lacks locus standi.

“You cannot obtain registration as a foundation and turn around and call yourself a socio-cultural group.

“I therefore make an order striking out this suit for lack of locus standi of the plaintiff.

“This court resolves this matter against the plaintiff and in favor of the defendants.

“The court lacks jurisdiction to hear the case,” the judge stated in his judgement.