He held that the applicant filed the case under the name of his nongovernmental organisation, registered with the Corporate Affairs Commission.
He said the purpose for which the case was filed was outside what the foundation was created for.
The complainant therefore, sought from the Appeal Court, ”an order of the Court allowing this appeal, an order setting aside the judgment of the lower court striking out this suit, an order dismissing the respondent’s suit for lacking in merit and for such further order(s) as this Honourable Court may deem fit to make in the circumstance of this appeal.”
Others joined in the appeal are the National Judicial Council (NJC), Federal Judicial Service Commission of Nigeria and the Federal Government.
Also joined in the suit are the President of the Federal Republic of Nigeria, the Attorney General of the Federation and the Nigerian Senate.
No date has been fixed for the hearing in the appeal.
President Muhammadu Buhari, on July 11, forwarded the name of Justice Muhammad to the Senate for approval as the substantive CJN.
NAN reports that Muhammad was sworn in as the Acting CJN on Jan. 25, soon after the President Buhari suspended Justice Walter Onnoghen.
edited by Sadiya Hamza