A Federal High Court sitting in Abuja, on Tuesday, June 6, awarded N20 million fine against Chuks Nwachukwu, a lawyer representing five Federal Capital Territory (FCT) residents in a suit seeking an order to stop the swearing-in of President Bola Tinubu.
The five residents – Anyaegbunam Okoye, David Adzer, Jeffrey Uche, Osang Paul, and Chibuike Nwanchukwu – had filed the suit through their lawyer for an order of the court to stop the inauguration of Tinubu and his vice, Kassim Shettima, on May 29.
The plaintiffs had sued for themselves and on behalf of other residents and registered voters in the FCT.
In the suit marked FHC/ABJ/CS/578/2023 and filed on April 28, the plaintiffs averred that Tinubu failed to secure at least 25 per cent of votes cast in the FCT.
They, therefore, sought an order of court restraining the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, and any judicial officer and/or any authority or persons from swearing in any candidate in the February 25, 2023, presidential election as president or vice president, among other prayers.
Delivering judgement, Justice Inyang Ekwo struck out the suit on the grounds that the plaintiffs lacked locus standi to institute the matter.
READ ALSO: Court fines applicants, lawyer N17m for challenging Tinubu’s inauguration
“I make an order striking out this action on grounds of lack of locus standi of the plaintiffs, lack of jurisdiction of the court, and failure of the plaintiffs to demonstrate to this court that similar subject is not pending before the Presidential Election Petition Tribunal which proceedings are on-going,” the judge declared.
Justice Ekwo also ordered the lawyer to pay the Attorney-General of the Federation (AGF) and the CJN, listed as 1st and 2nd defendants in the case, the sum of N10 million each.
He directed that until Nwachukwu paid off the N20 million fine, no further action should be taken on the matter.
The judge, who condemned Nwachukwu’s comments in the media, said with his interview, if the lawyer was in the courtroom, he would have been barred “from practising until he appears before the Legal Practitioners Disciplinary Committee to determine whether he is fit to practise the profession.”
“But since he is not in court, I made an order, directing the registrar to forward all the processes to the Legal Practitioners Disciplinary Committee to determine whether he is fit to practise the profession,” Justice Ekwo said.
Justice Ekwo also directed that the order of the court be served on the Chief Registrar of the Supreme Court, the AGF, and the Nigerian Bar Association.
Nwachukwu had granted an interview, accusing the judge of shying away from delivering the judgment in his suit.
The lawyer, who accused the judge of deliberately abandoning his duty, threatened to sue him up to the Supreme Court.
But Justice Ekwo, before delivering the judgment, said he could not hear the matter on May 26 because he was on official duty.
The judge had been away for some days due to an official engagement.
The development had forced the court to adjourn cases, including high profile and election-related matters, before it.
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