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| Ag. CJN, Justice Ibrahim Tanko Muhammed |
Justice Danlami Senchi of the Federal Capital Territory High Court, Jabi on Friday dismissed a suit, accusing Justice Tanko Mohammed, the acting Chief Judge of Nigeria, of age falsification for lack of ‘’Locus Standi’’.
Senchi held that the suit filed by Tochi Michael, a 46-year-old man sometimes in April, ought to have been filed before the court by way of writ of summons and not originating summon.
The Judge also held that there was no evidence before the court to prove Michael’s case that Justice Mohammed reduced his age from Dec. 31, 1950 to Dec. 31, 1953 as claimed by the plaintiff.
Justice Senchi also held that the claimant did not specify in the originating summons the special interest he has in the suit adding that the claimant has no ‘locus standi’ to institute such action.
“There is nowhere in the document before the court where the claimant has been injured by the defendant, the claimant also did not disclose 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 commenced by way of originating summons instead of writ; the claimant has failed to show to the court necessary document to show that the defendant falsified his age
“I hereby declared that the date of birth of the defendant is Dec. 31, 1953 and not Dec. 31, 1950; this suit is hereby dismissed in entirety,’’ Senchi held.
According to the Judge, the attitude of the claimant 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 disciplinary action against the claimant counsel for supplying false information to breach the law.
Justice Senchi also awarded a N10 million fines 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.
Senchi held that the suit filed by Tochi Michael, a 46-year-old man sometimes in April, ought to have been filed before the court by way of writ of summons and not originating summon.
The Judge also held that there was no evidence before the court to prove Michael’s case that Justice Mohammed reduced his age from Dec. 31, 1950 to Dec. 31, 1953 as claimed by the plaintiff.
Justice Senchi also held that the claimant did not specify in the originating summons the special interest he has in the suit adding that the claimant has no ‘locus standi’ to institute such action.
“There is nowhere in the document before the court where the claimant has been injured by the defendant, the claimant also did not disclose 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 commenced by way of originating summons instead of writ; the claimant has failed to show to the court necessary document to show that the defendant falsified his age
“I hereby declared that the date of birth of the defendant is Dec. 31, 1953 and not Dec. 31, 1950; this suit is hereby dismissed in entirety,’’ Senchi held.
According to the Judge, the attitude of the claimant 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 disciplinary action against the claimant counsel for supplying false information to breach the law.
Justice Senchi also awarded a N10 million fines 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.
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