After his allegations was found to be a smear attempt on the personality of the Acting Chief Justice of Nigeria, Tanko Mohammed, an Abuja High Court has fined Tochi Michael N10 million for instituting a forgery and perjury case to malign a top judicial officer.
The 46-year-old business man last April sued Justice Mohammed alleging he deliberately 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.
However, at the resumed hearing on Friday Justice Danlami Senchi quashed the suit saying the plaintiff lacked the legal standing to bring such suit (“Locus Standi”).
According to the judge, Mr. Michael ought to have brought the suit before the court by way of writ of summons and not originating summon.
Justice Senchi went on to rule that that there was no evidence before the court to prove the plaintiff’s case that the Acting CJN, reduced his age from Dec. 31, 1950 to Dec. 31, 1953 as claimed by him.
Also, he explained that the plaintiff did not state exactly what is interest is on the matter and how he had been injured by the defendant's action.
“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, said the judge.
According to the Judge, the attitude of the claimant’s counsel, Mr Melkizadeck Zaro, is nothing but to scandalize, 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’s counsel for supplying false information to breach the law.
Justice Senchi awarded a N10 million fine 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.
