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Court Dismisses Suit Against Appointment Of FCT High Court Judges
In a significant ruling on Friday, the Federal High Court in Abuja threw out a lawsuit challenging the appointment of 12 judges for the High Court of the Federal Capital Territory (FCT).
Presiding Judge Inyang Ekwo delivered the judgment, asserting that the plaintiff, Azubuike Oko, identified as a lawyer from Ebonyi, lacked the necessary legal standing to pursue the matter.
The court also upheld objections raised by Akinlolu Kehinde, SAN, legal counsel representing key judicial figures, including the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, the National Judicial Council (NJC), and the Chief Judge of the FCT High Court, Hussein Baba-Yusuf.
According to a report, Oko, in the suit identified as FHC/ABJ/CS/205/2024, contested the absence of lawyers from his state among the recently appointed judges of the High Court of the Federal Capital Territory (FCT).
He alleged systematic exclusion and marginalization of Ebonyi lawyers in the appointment process by figures including Baba-Yusuf, the NJC, and the Federal Judicial Service Commission (FJSC).
Oko asserted that the FCT chief judge was responsible for compiling the list of eligible lawyers from certain states, which was then forwarded to the FJSC for recommendation to the NJC for presidential appointment as judges of the court.
According to Oko, the states from which the recent appointments were drawn include Bauchi, Bayelsa, Enugu, Imo, Kogi, Kwara, Lagos, Oyo, Plateau, Rivers, Taraba, and Zamfara.
He contended that Oyo and Kogi, which already had two serving judges in the FCT High Court, were granted additional slots to now have three judges each despite the absence of any serving judge from Ebonyi State in the High Court of the FCT.
In Friday’s judgment, Justice Ekwo emphasized that the plaintiff did not claim personal injury caused by the CJN, NJC, or the Chief Judge of the FCT, nor did he seek redress for any such injury.
He said that “the plaintiff only claimed that he is from Ebonyi, which had been routinely excluded and marginalised with respect to the appointment of judges of the High Court of FCT by the 1st, 2nd, and 3rd defendants (the CJN, NJC, and the Federal Judicial Service Commission (FJSC).
“What the plaintiff needed to establish to demonstrate his locus standi is how the appointment being considered by the defendants has affected him as a person.
“This, he would have done, by showing that he applied to be considered by the defendants for appointment, but he was ‘routinely excluded and marginalised.’
“On the other hand, he would have established that he is acting for any person or persons from Ebonyi State who are qualified to be appointed and who have indeed applied to be considered for the said appointment but had been ‘routinely marginalised.’
“In other words, there is no averment that the plaintiff ever applied to be considered for the appointment in issue. Without this, I find that the plaintiff has failed to establish his locus standi to initiate this action.”
The judge also criticized Oko’s reliance on his ethnicity as a basis to establish his legal standing to bring forth the lawsuit.
“The fact that the plaintiff is from Ebonyi State does not still avail him of the locus to initiate this case because, in his view, Ebonyi State of Nigeria has been routinely excluded and marginalised with respect to the appointment of judges of the High Court of FCT by the 1st, 2nd, and 3rd defendants.
“Ebonyi State, for whose cause the plaintiff claims to undertake, is a legal entity established by the constitution with requisite corporate characteristics, including the capacity to sue and be sued for any wrong done to it by any person.
“Assuming that the plaintiff can sue on behalf of Ebonyi State of Nigeria, which according to him, has been routinely excluded and marginalised with respect to the appointment of judges of the High Court of FCT by the 1st, 2nd, and 3rd defendants, the averment that would have established his locus beyond any conjecture would be that the case is in a representative capacity and that he has the consent and authority of Ebonyi State of Nigeria to file the case.
“It must be understood, at this point, that public interest litigation does not extend to suit purportedly filed on behalf of any person who has the capacity and wherewithal to seek remedy for any wrong done to his/her person, but does not deem it necessary to do so.
“I find that Ebonyi State has the requisite capacity to seek remedy for any wrong done to it.
“By this reason, the plaintiff is obviously meddling in the affairs of 1st, 2nd, and 4th defendants by taking up a cause of a state, who has not authorised him to do so.
“It is the law that the court, in ascertaining whether the plaintiff in an action has locus standi, pleadings, that is, the statement of caim, or the affidavit in support of the originating process, must disclose a cause of action vested in the plaintiff and the rights and obligations or interests of the plaintiff that have been violated.
“Now, as the law is, where a plaintiff has been adjudged to lack locus stand, it does not matter whether that action is premature, speculative, and academic, or discloses no reasonable cause of action against the defendant, or the originating process is defective and incompetent, or suit is not justiciable, or the suit is an abuse of court process.
“Lack of focus stand ordinarily means the plaintiff has no legal right or authority to cross the threshold of the court for the matter at hand.
“Once the court finds that the plaintiff lacks focus, then the case ends there. The court ceases to have jurisdiction to consider or decide any other issue in the suit, and this is the case here.
“It is the law that the claims must be struck out, and I am bound to follow the law. I therefore make an order striking out this action for lack of locus standi of the applicant,” Justice Ekwo declared
On Friday, November 22, 2024, the late Senator Ifeanyi Ubah was laid to rest in his hometown of Nnewi, Anambra State.
The funeral, held at his residence in Umuanuka, Otolo Nnewi, was attended by a multitude of mourners, including political figures, business associates, and community members, all paying their final respects to the esteemed businessman and politician.
The burial proceedings commenced with a funeral mass at 10:00 a.m., followed by condolence visits and other funeral activities. The ceremonies are scheduled to continue through the weekend, culminating in a Thanksgiving Mass and Outing Service on Sunday, November 24, at St. Peter Claver Catholic Church in Otolo Nnewi.
READ MORE: JUST IN: Anambra Senator, Ubah, Dies In London
In light of security concerns, Anambra State Governor, Prof. Chukwuma Soludo, ordered the closure of schools in Nnewi for a week. This decision followed threats from separatist elements who vowed to attack those attending the burial. A circular from the state Ministry of Education directed school principals to inform parents and ensure students remained at home during this period.
The Anambra State Police Command addressed an incident that occurred on Wednesday night, clarifying that it was not related to the burial. According to the Command’s Public Relations Officer, SP Tochukwu Ikenga, the incident involved security operatives mistakenly engaging police personnel, leading to an exchange of gunfire. The situation has since been brought under control.
Senator Ifeanyi Ubah, who represented Anambra South Senatorial District, passed away in London in July 2024 at the age of 52. His death was met with an outpouring of grief from across the nation, with many acknowledging his significant contributions to the development of Anambra State and Nigeria.
As the community of Nnewi and the nation at large bid farewell to Senator Ubah, his legacy as a philanthropist, businessman, and public servant continues to resonate, leaving an indelible mark on those he served and inspired.
The Enugu State Government has commended the Republic of Finland for the arrest of Simon Ekpa, a Finland-based leader of the proscribed separatist group, Autopilots.
Ekpa has been accused of orchestrating violence and chaos in Nigeria’s South East region.
In a statement issued on Friday by the Secretary to the State Government, Prof. Chidiebere Onyia, the government described Ekpa as a “common criminal, con man, and terrorist” who has exploited the Igbo people while claiming to represent their interests.
RELATED NEWS: Finnish Police Arrest Simon Ekpa Over Terror-Related Allegations
“The Enugu State Government welcomes the arrest of the Finland-based terrorist, Simon Ekpa,” the statement read.
“His arrest and trial will no doubt go a long way in strengthening peace, security, and stability in all parts of the South East.”
The state government accused Ekpa of sponsoring violent activities that have resulted in the loss of lives, destruction of property, and disruption of the region’s economic activities.
It stated that Ekpa’s actions were driven by personal greed and not genuine concern for the Igbo people.
Onyia said, “Ekpa is a murderer and fraudster who delights in killing his people and living large off their misery.
“He thrives on manipulating, exploiting, and extorting the people on the pretext of fighting for their interest and for the restoration of Biafra.”
The government emphasized its readiness to provide evidence of Ekpa’s alleged crimes to support his prosecution, whether in Finland or Nigeria.
“This arrest is in line with the demand of the Governor Peter Mbah Administration, which has repeatedly made it known that Ekpa is a megalomaniac, common criminal, murderer, and fraudster who takes joy in feeding fat on the manipulated emotions of Ndigbo and inflicting misery on the South East region,” the statement added.
The government further criticized Ekpa for fostering a climate of fear and insecurity that has harmed the entrepreneurial spirit and economic growth of the Igbo people.
“Ekpa has for long, and unfortunately from Finland, made a living by creating a siege climate and mentality in the South East, destroying lives, property, and the Igbo trademark of entrepreneurship and hard work,” Onyia said.
The Enugu State Government expressed optimism that Ekpa’s arrest would mark a turning point in the quest for peace and stability in the South East, urging residents to remain vigilant and supportive of ongoing efforts to restore normalcy in the region.
The COP29 presidency has unveiled an ambitious climate finance plan, calling on developed nations to provide $250 billion annually to developing countries by 2035.
The proposal, part of a broader initiative to mobilize $1.3 trillion from public and private sources each year, seeks to address the mounting challenges posed by climate change.
The five-page draft text, released on Friday, emphasizes the need for developed nations to lead the charge in financing climate action.
RELATED NEWS: COP29: Climate Summit Faces Deadlock Over Vague Funding Proposals For Vulnerable Nations
According to the document, this financial commitment is seen as a critical step toward combating the climate crisis and fostering sustainable development globally.
“In this context, it is decided to set a goal in extension of the goal referred to in paragraph 53 of decision 1/CP.21, with developed country Parties taking the lead, to USD 250 billion per year by 2035 for developing country Parties for climate action,” the draft states.
The announcement follows the release of an earlier 10-page draft on Thursday, which drew significant criticism from Global South delegations.
Many expressed frustration that the document lacked clear financial commitments from wealthier nations, falling short of expectations to support adaptation and mitigation efforts.
“There is a clear need to address the principle of common but differentiated responsibilities, especially given the diverse circumstances shaping national priorities,” a negotiator from a developing country delegation remarked.
The updated proposal aims to address some of these concerns by outlining more specific targets. However, skepticism remains among some negotiators, who feel the revisions still fail to adequately address their demands.
Meanwhile, developed countries have raised their own reservations about the proposed plan.
A European negotiator, speaking to Reuters, described the $250 billion annual target as unrealistic and criticized the lack of measures to expand the pool of contributing countries.
“No one is comfortable with the number because it’s high, and there’s almost nothing on broadening the contributor base,” the negotiator said.
The mixed reactions underscore the persistent divide between developed and developing nations in climate negotiations.
While the draft text aims to reconcile these differences, the gap between expectations and commitments remains a significant hurdle.
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