The Federal High Court in Abuja on Friday struck out a suit challenging the fitness of Justice Tanko Muhammad to hold the office of the Chief Justice of Nigeria.
Delivering judgment, Justice Inyang Ekwo struck out the suit on the grounds that the plaintiff, Malcom Omirhobo Foundation, lacked the locus standi to institute the suit.
Upholding the preliminary objection raised by the defendants in the suit, Justice Ekwo held that the group’s object of registration did not authorise it to engage in the “public interest litigation” which it claimed to be undertaking by filing the action.
He said, “I find that no object of MOM2 (object of registration) authorises the plaintiff to engage itself in what it called public interest litigation allowing it to institute this kind of action.
“A body is bound strictly by its object of registration.”
He also held that while the plaintiff was registered by the Corporate Affairs Commission as Malcom Omirhobo Foundation, it chose to institute the action in the name of ‘Board of Trustees of Malcom Omirhobo Foundation.’
He held that the implication was that it was not the registered body that instituted the case.
He struck the suit on the grounds that the plaintiff lacked locus standi to file the action as it lacked the legal authority to do so.
The judge added that without the legal authority of the plaintiff to file the suit, it was unnecessary for the court to go into the merit of the case.