A High Court of the Federal Capital Territory (FCT) in Jabi area of Abuja, yesterday dismissed a suit, seeking the prosecution of the Acting Chief Justice of Nigeria, Justice Tanko Mohammad, over allegations of forgery and perjury.
The plaintiff, Tochi Michael had alleged that Justice Muhammad deliberately falsified his date of birth from Dec. 31, 1950 as contained in all his official records including that of WAEC to Dec. 31, 1953 upon his appointment as a judicial officer.
But in a judgment on the suit yesterday, trial judge, Justice Danlami Senchi, however dismissed the suit on the grounds that the plaintiff lacked “Locus Standi” (not qualified in law) to institute the suit).
According to the judge, the plaintiff ought to have brought the suit before the court by way of writ of summons and not originating summon.
In addition, Justice Senchi, held that there was no evidence before the court to prove the plaintiff’s case that the Acting CJN, reduced his age from Dec. 31, 1950 to Dec. 31, 1953 as claimed by him.
Justice Senchi also held that the claimant did not specify in the originating summons the special interest he has in the suit.
“There is nowhere in the document before the court where the claimant have been injured by the defendant, the claimant also did not disclosed further much information about himself.
“Where a suit was not commence with due process of the law, it was quite clear that this suit was commence by way of originating summon instead of writ; the claimant has failed to show to the court necessary document to show that the defendant falsified his age. This suit is hereby dismissed in entirety,’’ Senchi held.
According to the Judge, the attitude of the claimant’s counsel, Mr Melkizadeck Zaro, is nothing but to scandalize, malign and destroy the person of the CJN and the entire judiciary.
The Judge also ordered that the registrar of the Supreme Court should commence a disciplinary action against the claimant’s counsel for supplying false information to breach the law.
Justice Senchi awarded a N10 million fine against the claimant to serve as a deterrent to others who are bent in carrying false information and must be paid within three weeks from the day of the judgment.