By Vivian Okejeme, Abuja
A suit instituted by Incorporated Trustees of Alaigbo Development Foundation against the National Judicial Council, Federal Judicial Service Commission, and President of the Court of Appeal, yesterday, suffered a setback as the hearing was adjourned to June 23.
The Igbo group, is by the suit challenging the alleged lopsidedness in the recent appointment of Appeal Court Justices in the country.
The Federal Character Commission (FCC) and the Attorney General of the Federation (AGF) were also mentioned as respondents in the suit.
At a resumed sitting, counsel to the plaintiff, Max Ozoaka, informed the court that he had served hearing notices on the defendants in accordance with the earlier court order.
Ozoaka stated that the defendants had just served him with their counter affidavits two days ago and that he would need time to respond.
Reacting, Paul Usoro, SAN, who appeared for the NJC, and counsel to 2nd and 3rd defendants, Yakubu. C. Maikyau, SAN, blamed the delay in filing their responses on the strike action.
In the ruling, Justice Inyang Ekwo, ordered parties to put their house in order, before the next adjourned date of June 23.
The plaintiff, in an originating summons marked FHC/ABJ/CS/347/21, dated March 15, is urging the court to restrain the defendants from continuing the exercise pending the hearing and determination of the suit.
The group is also seeking an order compelling the defendants to replace the three vacancies in the South East slots by three new Justices from the zone.
They want the court to determine that “having regard to the oath of office of the defendants to uphold the Constitution of the Federal Republic of Nigeria, 1999, as amended, and the true intendment of Section 14 (3) and other the relevant provisions of the Constitution, whether the defendants can completely ignore, disregard or infringe at will the principles of justice, fairness, equity, due process and federal character in the ongoing exercise of appointment of Justices of the court of Appeal, particularly with regard to the South East Zone of the Federation,” among others.
