A Federal High Court in Abuja has fined a lawyer, Chuks Nwachukwu, N20 million for filing a frivolous suit to stop the inauguration of President Bola Tinubu on May 29.
The court, presided over by Justice Inyang Ekwo, struck out the suit on Tuesday for lack of locus standi of the plaintiffs, lack of jurisdiction of the court and failure to disclose that a similar subject was pending before the Presidential Election Petition Tribunal.
The plaintiffs, who claimed to be registered voters of the FCT, excepting those exempting themselves, were Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwanchukwu.
They had filed the suit through their lawyer, Nwachukwu, seeking an order to restrain the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, or any other judicial officer from swearing in Tinubu and his vice, Sen. Kassim Shettima.
They had argued that Tinubu failed to secure at least 25 per cent of votes cast in the FCT as required by section 134 (2) of the 1999 Constitution.
However, Justice Ekwo held that the suit was instigated by Nwachukwu and not by the plaintiffs who merely acted as fronts.
He said the suit was premised on recklessness, frivolity and complete lack of knowledge of elementary principles of law as it relates to the Constitution and Electoral Act.
He also said the suit was willfully initiated to circumvent and overreach the on-going proceedings of the Presidential Election Petition Tribunal.
He ordered Nwachukwu to pay N10 million each to the Attorney-General of the Federation (AGF) and CJN who were listed as 1st and 2nd defendants in the case.
He also ordered that no further action should be taken on the matter until Nwachukwu paid off the fine.
He further ordered that all the processes in the suit be forwarded to the Legal Practitioners Disciplinary Committee (LPDC) to determine whether Nwachukwu was fit to practise the profession.
He also directed that the order of the court be served on the chief registrar of the Supreme Court, the AGF and the Nigerian Bar Association (NBA).
Justice Ekwo condemned Nwachukwu’s comments in the media where he accused him of shying away from delivering judgment in his suit.
He said such comments were highly disrespectful, uncouth and unprofessional.
He said if Nwachukwu was in court, he would have been barred from practising until he appeared before the LPDC.
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