Age falsification allegation: Court slams claimant with 10m fine, dismisses case
Justice Danlami Senchi
of the Federal Capital Territory (FCT) High Court on Friday slammed a
N10 million fines against Tochi Michael, the claimant that file a suit accusing
the Acting Chief Justice of Nigeria (CJN) Tanko Mohammed of age falsification.
The judge said the fine would 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.
Justice also dismissed the suit for lack of ‘’Locus
Senchi held that the suit filed by Tochi Michael, a
46-year-old man sometimes in April, ought to have been filed before the court
by way of writ of summons and not originating summon.
The Judge also held that there was no evidence before the
court to prove Michael’s case that Justice Mohammed reduced his age from
December 31, 1950 to December 31, 1953 as claimed by the plaintiff.
Justice Senchi also held that the claimant did not specify
in the originating summons the special interest he has in the suit adding that
the claimant has no ‘locus standi’ to institute such action.
“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 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 December 31, 1953 and not December 31, 1950; this suit is hereby dismissed
in entirety,” Senchi held.
According to the Judge, the attitude of the claimant
counsel, Melkizadeck Zaro is nothing but to scandalize, malign and destroy the
person of the Chief Justice of Nigeria and the entire judiciary.
The Judge also ordered that the registrar of the Supreme
Court should commence disciplinary action against the claimant counsel for
supplying false information to breach the law.
Tochi Michael in his originating summon with suit No.
FCT/HC/BW/CV/79/2019, alleged that the CJN deliberately falsified his date of
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 summon 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 summon 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.
The petitioner is also praying the court to determine
whether Justice Mohammed has not breached the Code of Conduct for judicial
officers and consequently brought the image of Nigeria Judiciary to a state of
disrepute and odium.
The petitioner in his reliefs is praying the court for a
declaration that the defendant falsified his date of birth and that the
defendant has desecrated the breach of the Constitution of the Federal Republic
He is also praying for an order directing the Inspector
General of Police (IGP) to prosecute the defendant for the offence of perjury
and order which the court may deem it fit.
But the CJN counsel, Sam Ologunorisa, SAN, had informed the
court that the plaintiff and his counsel information against the CJN was not
true and urged the court to dismiss the suit.
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