Justice James Omotosho of the Federal High Court, Abuja has granted leave to Chief Malcolm Omirhobo to apply for judicial review by way of an order of mandamus, compelling the Chief Justice of Nigeria (CJN), Olukayode Ariwoola to provide him with the Certified True Copies (CTC) of documents relating to the appointment of his brother, Adebayo Ariwoola as auditor of the Supreme Court.
The applicant, Omirhobo had on January 8, 2024, written to the CJN in line with relevant provisions of the Freedom of Information Act (FoIA) 2011, requesting for the CTC of documents relating to the appointment/elevation of Adebayo as the Auditor of the National Judicial Council (NJC), headed by the CJN.
In the letter, he stated that if he refused or delayed in providing him with the requested information within seven days as stipulated by law, he would be compelled to apply the law line with section 20 of the Act, which has to do with using the courts to compel compliance.
Unable to receive the documents so far, the lawyer approached the court through a motion ex parte, praying for leave to apply for judicial review by way of order of mandamus.
Granting the prayers, Justice Omotosho declared: “Leave is hereby granted to the applicant to apply for judicial review by way of order of mandamus, directing and or compelling the respondent to provide the applicant with the Certified True Copies of the following documents; The Instruments, notices and criteria for the promotion of staff to the position of Auditor in the NJC. The details of Mr. Adebayo Ariwoola’s employment, promotions and duration of service at the NJC.
“All documents/qualifications presented by Mr. Adebayo Ariwoola to the NJC to aid his promotion or appointment as Auditor. The list of all staff that participated in the screening for the position of Auditor of the NJC with Mr. Adebayo Ariwoola and all documents submitted by them.
“The basis/result upon which Mr. Adebayo Ariwoola was preferred to other applicants (if any) by the NJC.”
