The court had on May 3, ordered President Buhari to show cause why the appointment of Justice Muhammad to take over from the removed ex-CJN, Justice Walter Onnoghen, should not be invalidated.
Specifically, he prayed the court to declare that the Acting CJN, having made himself available as a tool that was used in the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.
The Acting CJN, through his lawyer, Mr. A.O Ajana, told the court that his appearance was “in protest”.He stressed that he had yet to be served with all the relevant processes the plaintiff filed against him. While the NJC was represented by Mrs. Elizabeth Jonathan, the FJSC announced appearance through its lawyer, Sani Sule.
Justice Ekwo subsequently gave the Defendants 14 days to respond to the suit, even as he adjourned it till June 3 for hearing.
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