Summary of Judgment in: FHC/ABJ/CS/347/2021: Incorporated Trustees of Alaigbo Development Foundation v. National Judicial Council & 4 Others

Barely 4 days after PUC celebrated its success in a popular oil spill case in Nigeria, PUC recorded another success today in a Suit of national interest filed at the Federal High Court, Abuja by the Incorporated Trustees of Alaigbo Development Foundation against the National Judicial Council and four others. In the Suit, the Plaintiff challenged the on-going exercise of appointment of new Justices of the Court of Appeal by the President of the Federal Republic of Nigeria on the recommendation of the National Judicial Council (NJC).

 

Representing the NJC, PUC argued amongst other grounds that the Plaintiff lacks the standi to institute the Suit as it is ultra vires the objectives of the Plaintiff as a corporate body. Delivering its Judgment, the Court reasoned along the lines of PUC’s arguments and held that the Plaintiff lacks locus standi to institute the Suit as the Plaintiff is a Foundation registered for the purpose of establishing a Fund and therefore the Plaintiff’s Suit does not fall within the purpose of the Foundation. On this basis, the Suit was struck out.

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