A suit accusing the acting Chief Justice of Nigeria (CJN) Ibrahim Mohammed, of age falsification has been dismissed by a Federal High Court sitting in Abuja.
Mr Mohammed, in a suit filed by Tochi Michael, a 46-year-old man, was accused of reducing his age from December 31, 1950 to December 31, 1953.
On the day fixed for the hearing, the plaintiff alongside his legal counsel were absent, prompting the judge to accord them a second chance of proving their claims despite the defendant kicking and calling for the dismissal of the suit.
On the next adjourned date, Mr Michael and his counsel again failed to appear before the court, this led to another adjournment with date for judgement fixed.
Delivering judgement on Friday, the judge, Danlami Senchi, held that the suit ought to have been filed before the court by way of writ of summons and not originating summon.
Mr Senchi also held that there was no evidence before the court to prove Mr Michael’s case that Mr Mohammed falsified his age.
“There is nowhere in the document before the court where the claimant have been injured by the defendant, the claimant also did not disclosed further much information about himself,” the judge said.
“Where a suit was not commence with due process of the law, it was quite clear that this suit was commence by way of originating summon 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,’’ Mr Senchi held.
According to the judge, the attitude of the claimant counsel, Melkizadeck Zaro, is nothing but to scandalised, 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 a disciplinary action against the claimant counsel for supplying false information to breach the law.
He 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.
