A Federal High Court sitting in Abuja has been asked to set aside the recommendation of the Natitional Judicial Council (NJC) to President Goodluck Jonathan, nominating Justice Zainab Bulkachuwa as the substantive President of the Court of Appeal.
A legal practitioner, Chief Nkereuwem Udofia Akpan, in suit number FHC/ABJ/CS/196/2014 asked the court for injunction restraining the Senate from acting or attempting to act on any appoitment made by the President.
Apart from the NJC, that is the 1st defendant, other defendants are the President of the Federal Republic of Nigeria, the Senate and the House of Representatives.
He told the court to immediately withdraw the recommendation made to the President for the appointment of Justice Bulkachuwa as the President of the Appeal Court for non-conformity with the age long tradition of seniority in the appoitment of Heads of Courts in Nigeria.
He also asked the court to order that the name of the most senior justice of the Court of Appeal be sent to the President for recommendation as the substantive President of the court.
In the affidavit in support of the originating summons deposed to by the plaintiff, it was argued that when Justice Isa Ayo Salami was suspended from office, the most senior Justice of the Court of Appeal as at then and in accordance with the age long tradition of seniority in the appointment of Heads of Court in Nigeria, Justice Dalhatu Adamu was appointed as the President of the court in Acting capacity.
He further argued that the age long tradition of seniority in the appointment of Heads of Court in Nigeria has always been strictly adhered to the appointment of Heads of the Supreme Court.
He said that the current Chief Justice of Nigeria, Justice Mariam Aloma Mukhtar, is also a beneficiary of the age long tradition of seniority in the appointment of Heads of Courts.
No date has been fixed for hearing of the case.
