A suit accusing acting Cheif Justice of Nigeria( CJN), Justice Tanko Mohammed of false age declaration was on Friday dismissed by Justice Danlami Senchi of the FCT High Court, Jabi.
The suit which was filed around April 2019 by Tochi Michael, a 46-year-old businessman was struck out by Justice Senchi for lack of ‘’Locus Standi’’.
The judge held that the suit ought to have been filed before the court by way of writ of summons and not originating summon –– Adding that the claimant did not specify his special interest in the case in the originating summons.
“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 commenced with due process of the law, it was quite clear that this suit was commenced by way of originating summon instead of the 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,’’ the judge held.
Justice Senchi also held that the attitude of the claimant counsel, Mr Melkizadeck Zaro was only out to scandalize, malign and destroy the person of the CJN and the entire judiciary.
He, therefore, ordered that the registrar of the Supreme Court commence disciplinary action against the claimant counsel for supplying false information to breach the law.
A N10 million fine was charged 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.
The News Agency of Nigeria (NAN) reports that Tochi Michael in his originating summon with suit No. FCT/HC/BW/CV/79/2019 alleged that the CJN deliberately falsified his date of birth. Michael alleged that the CJN 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. The petitioner in the originating summons is praying the court to determine whether such act of the CJN does not constitute a criminal act of perjury, falsification and forgery. Michael in the originating summons also prayed the court to determine whether by falsifying his date of birth from Dec. 31, 1950, to Dec. 31, 1953, upon being appointed to Nigeria Bench as a judicial officer he has not breach the constitution of the Federal Republic of Nigeria.