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A Federal High Court in Abuja on Wednesday stated that it was constitutionally wrong for President Muhammadu Buhari to have sought Senate confirmation of 11 nominees as high court judges of the Federal Capital Territory.
Buhari had in a letter read during Senate plenary in July sought the approval of the upper legislative arm for the confirmation of 11 judges for FCT courts.
Justice Inyang Ekwo in a judgment on Wednesday stated that the President did not need the approval of the Senate to approve such judges once they were recommended to him by the National Judicial Council.
Justice Ekwo held that Buhari acted in contravention of the provision of Section 256(2) of the constitution when he forwarded the recommended names sent to him by the NJC to the National Assembly.
The judge said the only instance where the President can forward NJC’s recommendation to the Senate in respect of a high court judge’s appointment is when it relates to the appointment of a head of court like the chief judge.
He, however, held that the fact that Buhari contravened the provision of Section 256(2) of the constitution did not affect that swearing-in of the judges.
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