and others over alleged unlawful appointment of judges in Kogi. and others over alleged unlawful appointment of judges in Kogi.
They argued that the same was marred by political and ethnic influence contrary to the provisions of Rule 3 - and Rule 4 of the NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all superior Courts of Records in Nigeria, 2014 and Section 153 of the 1999 Constitution . He added: “In fact, they are senior legal practitioners who are uninterested in becoming judges in Kogi State.
“For instance, Fundamental Rights Enforcement suits under the Fundamental Rights Rules have expanded locus standi to even non-governmental organisations to bring action on behalf of a person whose rights have been infringed.“There must be some form of link between the actions of the defendants and the rights of the plaintiffs instituting an action.
“Therefore, this suit is bound to be dismissed for lack of locus standi of the plaintiffs,” he ruled. Justice Omotosho further held that assuming without conceding that the plaintiffs had locus standi, he wondered if instituting the action was the right course of action. “The plaintiffs ought to have exhausted the avenue of going through their representatives in the 1st defendant before it can ripen into a suit before this court if they have locus standi at all, having assumed being members of the 1st defendant by representation.
“The recommendation of the NJC is upon the advice by the Kogi State Judicial Service Committee,” he added. The judge said that based on Section 158 of the 1999 Constitution, NJC cannot be subject to the direction or control of any other authority or person. and others over alleged unlawful appointment of judges in Kogi.
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