The Federal High Court in Abuja today struck out a suit challenging the fitness of Justice Tanko Muhammad to hold the office of the Chief Justice of Nigeria.
Delivering judgment, Justice Inyang Ekwo rejected the suit on the grounds that the plaintiff, Malcom Omirhobo Foundation, lacked the locus standi to institute the suit.
Upholding the preliminary objection raised by the defendants in the suit filed, Justice Ekwo held that the group’s object of registration does not authorise it to engage in the “public interest litigation” which it claimed to be undertaking by filing the action.
The judge also held that contrary to the claim of the plaintiff to be a Non-Government Organisation, there was no legislation in Nigeria permitting the registration of any group as such.
He held that no group registered under the Part C of the Company and Allied Matters Act, like the plaintiff, could engage in such litigation, calling on the National Assembly to emulate some Commonwealth countries like Uganda and Zimbabwe with separate legislation on registration of NGO.