In a recent development, a 46-year-old businessman, Mr Tochi Michael, has sued the acting CJN Tanko Muhammad, at a Federal Capital Territory High Court over alleged age falsification. The News Agency of Nigeria reports that in the originating summons with suit No. FCT/HC/BW/CV/79/2019, filed before the court in April, the petitioner alleged that the CJN deliberately falsified his date of birth.
Michael alleged that the CJN falsified his date of birth from December 31, 1950 as contained in his WAEC, to December 31, 1953 upon his appointment as a judicial officer. The petitioner in the originating summons is praying the court to determine whether such act by the acting CJN does not constitute a criminal act of perjury, falsification and forgery.
The petitioner also prayed the court to determine whether Justice Muhammad had not breached the Code of Conduct for judicial officers and consequently brought the image of the Nigerian judiciary to disrepute.
He also prayed for an order directing the Inspector-General of Police to prosecute the defendant for the offence of perjury and an any other order which the court may deem fit.
At the Tuesday’s proceedings, counsel for the CJN, Mr Sam Ologunorisa (SAN), informed the court that the plaintiff and his counsel were not in the court. Ologunorisa told the court that it seemed the plaintiff and his counsel were “running away” from the suit they filed, stressing that the court should do the needful in the interest of justice.
“We filed a notice of preliminary objection, a counter-affidavit and a written address. We urge the court to deem it fit that the originating summons has been argued. We have to look at Exhibit III of the originating summons.
We urge the court to dismiss the suit. The case is meant to scandalise the CJN,” he said.
Justice Danlami Senchi said another opportunity would be given to the petitioner to appear in the court to prove the allegation.
The matter is still pending in court as the plaintiff and his counsel were absent. However, they have been given more time to show up and prove their case.
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