A Federal High Court sitting in Lokoja yesterday dismissed a suit challenging President Muhammadu Buhari over his failure to appoint a minister to represent Kogi State in his cabinet, following the vacuum created by the death of James Ocholi (SAN) since March.
A lawyer, Daniel Makolo, had on October 14, filed a suit at the court pursuant to Order 34 Rule 1 and Order 5 Rule 1 of the Federal High Court (Civil Procedure) Rules 2009, sections 6(6 a & b), 14(1-3) and 147(1-3) of the 1999 Constitution of the Federal Republic of Nigeria as amended.
Joined as respondents in the suit were the President, the Senate President and the Attorney General of the Federation.
The applicant, had amongst others, sought for an order of mandamus compelling President Buhari to appoint a minister representing Kogi State from among the qualified indigenes of the state.
The applicant also sought for an order declaring that the refusal, failure or neglect of President Buhari to appoint a minister from Kogi to be part of his cabinet since the death of his former appointee was wrongful, unlawful and unconstitutional.
Makolo also sought for an order directing the Attorney General of the Federation to initiate a corona inquest into “the suspicious accident that caused the death of Mr James Ocholi on 6th day of March, 2016 along the Kaduna-Abuja road to make public the actual and remote cause of the accident that claimed his life, his wife and that of his son.”
But in her judgment on the application brought before the court for judicial review, Justice Phoebe Ayua of the Federal High Court, Lokoja dismissed the suit on the grounds that the applicant lacked locus standi for the orders being sought.
She held that the applicant had failed to show how the decision of the president in not appointing a minister from Kogi State in his cabinet has ‘adversely affected him as a person over and above that of the general public’.
Responding, Bar. Makolo said he would study the ruling and go on an appeal to seek further judicial interpretations, noting that he was in court to seek justice for the entire people of Kogi State by demanding that the President appoints a minister from the state as stipulated by the constitution of Nigeria.
Credits: Itodo Daniel Sule | Daily Trust
