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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
The Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
Sultan of Sokoto, Sa’ad Mohammad Abubakar II, has called on Nigerians to avoid publicly criticizing their leaders, instead urging citizens to place their trust in God to address leadership concerns as He deems fit.
Speaking at the Regional Conference on Climate Change-Induced Conflicts in Northern Nigeria, organized by the Kaduna State Bureau of Interfaith in collaboration with International Alert, the Sultan emphasized faith and patience in navigating the country’s challenges.
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Acknowledging Nigeria’s current economic and social hardships, the Sultan encouraged continuous prayer, not only for the nation but for its leaders as well.
“Even though many feel times are particularly hard, we believe relief will come. Let’s increase our prayers for our leaders, trusting God to address them in His way,” he said, expressing hope that divine intervention could bring stability and prosperity.
The Sultan reminded political leaders of their ultimate accountability to God, cautioning that they will stand alone on the Day of Resurrection, with only their deeds to support them.
“On that day, every leader will stand alone. Governors, advisers—none will have support except their own deeds. Let us act with a deep sense of responsibility and fear of God,” he stated.
Addressing religious leaders, he warned against misleading their followers for personal gain, underscoring the trust many place in their religious guidance.
“Only God can save any human being,” he said, encouraging Nigerians to remain faithful and discerning in their spiritual beliefs. “Focus on worshiping Allah and leave the rest to Him. Don’t follow those who might lead you astray.”
With leaders from various religious communities, including the President of the Christian Association of Nigeria (CAN), in attendance, the Sultan called for unity, resilience, and communal effort to tackle pressing issues such as climate change, poverty, and insecurity in the northern region.
He praised the North’s history of unity and resilience, warning against divisive narratives that threaten communal harmony. “When we are united, we can face any challenge and build a prosperous community,” he asserted.
The Sultan’s remarks come amid ongoing social and environmental issues in the region, including a recent surge in climate-related challenges that have exacerbated poverty and security threats.
In light of these issues, he called on both Muslims and Christians to intensify their prayers, saying, “Our country faces many challenges, and we must turn to God in prayer. Let us intensify prayers in our mosques and churches.”
In a decisive move, President Bola Tinubu has ordered the immediate release of all minors detained by police during the recent #EndBadGovernance protests.
The directive, announced by Minister of Information and National Orientation, Mohammed Idris on Monday, underscores the government’s commitment to protecting children’s rights and ensuring justice.
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Idris confirmed that President Tinubu’s directive prioritizes the welfare of detained minors, instructing the Ministry of Humanitarian Affairs to facilitate their safe reunification with their families.
A committee led by the Ministry of Humanitarian Affairs will be established to oversee the welfare of the released minors and ensure compliance with the president’s orders.
Additionally, President Tinubu has directed a formal investigation into the actions of law enforcement agencies involved in the arrests.
The president emphasized that any misconduct uncovered during the investigation will result in disciplinary action, affirming his administration’s dedication to accountability within law enforcement.
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