The Federal High Court sitting in Abuja on Friday struck out a suit challenging the alleged marginalisation of South-East judges in the appointment of justices of the Court of Appeal.

Justice Inyang Ekwo made the order while ruling on the notice of preliminary objection raised by the defendants in the suit by the South-East Cultural group, Alaigbo Foundation, against the National Judicial Council.

Justice Ekwo stated that the foundation lacked the requisite locus standi to institute the action.

The judge also stated that the group cannot register as a foundation and then parade itself as an Igbo pan-cultural group.

UGAMATV had earlier reported that in suit No FHC/ABJ/CS/347/21, the foundation’s Incorporated Trustees sued the NJC, Federal Judicial Service Commission, President of the Court of Appeal, Federal Character Commission, and the Attorney-General of the Federation as first to fifth defendants respectively.

The group had asked the court, in its originating summons, to determine whether the defendants can disregard the principle of fairness, due process, and federal character in the appointment of judges to the Court of Appeal, with regards to the South-East Zone of Nigeria.

It also asked the court to determine whether the South-East was not entitled to three slots in the ongoing appointment of judges to the Court of Appeal to fill up the vacancies that were caused by the elevation, retirement, and death of the three justices of the Court of Appeal from the zone.

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The group prayed the court to declare the actions of the NJC, FJSC, and the President of the Court of Appeal as unjustifiable and unconstitutional for only allocating one slot to the South East.

It also prayed the court to declare that the zone was entitled to three slots in the ongoing appointment exercise and restrain the defendants from continuing with the exercise until the South East is accorded their rightful slots.

The counsel to the group, Max Ozoaka, while adopting his processes, had argued that the selection of the judges violated the provisions of the Nigerian constitution.

He had also stated that the principle of federal character was breached.

The counsel to the NJC, Paul Usoro SAN, while arguing his notice of preliminary objection, prayed the court to decline jurisdiction over the matter as the socio-cultural group lacked the locus standi to institute the suit.

The counsel to the FJSC and AGF also urged the court to decline jurisdiction as the group was not empowered by the Companies and Allied Matters Act to bring such matters before the court.