A legal practitioner, Lawrence Nnoli has dragged President Muhammadu Buhari before the Federal High Court in Lagos in a bid to compel him to appoint more Supreme Court justices.
In the suit marked FHC/C/CS/897/2020, the Lagos-based lawyer is praying the court to declare that the president is in “serious breach” of Section 231(2) of the 1999 Constitution by delaying the appointment of the justices.
Although the constitution made provision for 21 justices for the apex court, there are currently 12 justices in service as a result of statutory retirement without corresponding replacement.
Nnoli argued that the National Judicial Council (NJC) in October 2019 forwarded the names of four Court of Appeal justices to the president for appointment as Supreme Court justices.
The four justices were identified as Adamu Jauro, Emmanuel Agim, C. Oseji, and Helen Ogunwumiju.
He added that the president has however inexplicably refused to forward the names to the Senate for screening and confirmation.
Nnoli, whose suit is before Justice Mohammed Liman, noted that the president’s inaction has resulted in delay in dispensation of justice by the Supreme Court.
The plaintiff is therefore seeking a court order compelling the president to perform his statutory responsibility.
Joined as defendants in the suit were the National Judicial Council, the Chief Justice of Nigeria, and the Senate President.
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The Federal High Court has yet to fix a date for hearing of the suit.