An Abuja-based lawyer, Chuks Nwachukwu was, on Tuesday slammed with a N20 million fine by a Federal High Court, Abuja for filing a frivolous suit seeking to stop the May 29, 2023 inauguration of President Bola Ahmed Tinubu.
Nwachukwu who claimed to be representing five Federal Capital Territory residents in the suit, had sought for an order of the Court to stop the swearing-in of President Tinubu.
The trial Judge, Justice Inyang Ekwo, in a judgment struck out the suit on the grounds that the plaintiffs lacked the locus standi (Legal right) to file the suit.
The Judge said, “I make an order striking out this action on grounds of lack of locus standi of the plaintiffs, lack of jurisdiction of the court and failure of the plaintiffs to demonstrate to this court that similar subject is not pending before the Presidential Election Petition Court which proceedings are on-going”.
Justice Ekwo consequently ordered the lawyer to pay the Attorney-General of the Federation (AGF) and the Chief Justice of Nigeria (CJN), listed as 1st and 2nd defendants in the case, the sum of N10 million each.
The Judge directed that until Nwachukwu pay-off the N20 million fine, no further action should be taken in the matter.
The Judge, who condemned Nwachukwu’s comments in the media, said in his interview, if the lawyer was in the courtroom, he would have been barred “from practising until he appears before the Legal Practitioners Disciplinary Committee (LPDC) to determine whether he is fit to practice the profession.
“But since he is not in court, I made an order, directing the Registrar to forward all the processes to the Legal Practitioners Disciplinary Committee (LPDC) to determine whether he is fit to practice the profession,” he declared.
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).
The five FCT residents; Anyaegbunam Okoye, David Adzer, Jeffrey Uche, Osang Paul and Chibuike Nwanchukwu, had filed the suit, through their lawyer, for an order of the court stopping the inauguration of Tinubu and his vice, Senator Kashim Shettima, slated for May 29.
The plaintiffs had sued for themselves and on behalf of other residents and registered voters in the FCT.
In the suit marked FHC/ABJ/CS/578/2023 and filed on April 28, the plaintiffs averred that Tinubu failed to secure at least 25 per cent of votes cast in the FCT and they, therefore, sought an order of court restraining the (CJN), Justice Olukayode Ariwoola, and any judicial officer and/or any authority or persons from swearing in any candidate in the February 25 presidential election as president or vice president, among other prayers.
Justice Ekwo held in the judgement that, upon reading the affidavit attached to the application, “I can discern that the averments thereof are merely the voice of Esau and the hands of Jacob.
“It means that the said Chucks Nwachukwu, counsel to the plaintiffs instigated this suit and merely got the plaintiffs to stand in as parties while he handles the suit as a lawyer. This is unprofessional conduct on the part of the said Chucks Nwachukwu.
“It is unfortunate that lawyers like Chucks Nwachukwu continue to engage in this sort of activity by procuring innocent citizens to act as fronts in litigations which are actually their personal cases.
“This is done with such impunity and lack of fear of the consequence to the chagrin and ruin of the reputation of the legal system in this country.
“It is so because the learned counsel has made himself believe that he can flout the Rule of Professional Conduct for Legal Practitioners without any consequence.
“On the whole, I find that this action is premised on recklessness, frivolity and complete lack of knowledge of the elementary principle of law as it relates to the Constitution and Electoral Act, 2022,” Justice Ekwo held.
According to the judge further held that the action was willfully initiated to not just, circumvent but to overreach the ongoing proceedings of the Presidential Election Petition Court.
“The aim thereof which cannot be denied, is to plunge this country into unprecedented constitutional anarchy capable of causing bloodshed and genocide. The plaintiffs and their lawyer ought to be deprecated in the strongest term for this type of adventure and I so do,” Justice Ekwo declared.
A sister court presided over by Justice James Omotosho had, on May 26, delivered a judgment in another suit filed by three applicants seeking to stop the swearing-in of Tinubu on May 29 as fifth Nigeria’s democratic president.
The judge had awarded a total sum of N17 million against the three applicants; Praise Ilemona Isaiah, Pastor Paul Isaac and Dr Anongu Moses, including their lawyer, Daniel Elombah, for filing a suit considered to be “frivolous, vexatious and an abuse of court processes”.
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