Jonathan fights move to abort appelate court appointment

Nnamdi Felix / Abuja

President Goodluck Jonathan on Wednesday moved to abort hearing of a suit instituted by a lawyer which seeks to nullify the appointment of Justice Zainab Bulkachuwa as the President of the Court of Appeal

Alongside the Attorney General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke, the President asked the Federal High Court sitting in Abuja to dismiss the suit.

A lawyer, Chief Nkereuwem Udofia Akpan had approached the court about two months ago with a suit challenging the appointment of Justice Bulkachuwa by the National Judicial Council and President Jonathan and wants the court to set aside the appointment.

Also joined as defendants in the suit were the National Judicial Council, NJC,and the Senate.

However, in their preliminary objection filed through their counsel, Mr. Ahmed Raji, a senior advocate of Nigeria, President Jonathan and Mr. Adoke contended that the suit did not disclose reasonable cause of action and equally challenged the locus standi (legal right) of the plaintiff in instituting the action.

They also argued that the necessary parties were not before the court noting that the case is hypothetical, academic and of no practical utilitarian value.

Chief Akpan wants the court to immediately withdraw the recommendation made to the President for the appointment of Justice Bulkachuwa as the President of the Appeal Court on the grounds that it did not conform with the age-long tradition of appointing heads of courts in the country on the basis of seniority.

He also wants the court to order that the name of the most senior justice of the Court of Appeal be sent to the President for appointment as the substantive PCA.

In the affidavit in support of the originating summons, Akpan argued that when the former PCA, Justice Isa Ayo Salami, was suspended from office, the most senior Justice of the Court of Appeal as at then, Justice Dalhatu Adamu, was appointed as the President of the court in acting capacity.

He observed that the most senior judge had always been appointed as the head of court in the country.