NJC Advises Buhari To Confirm Tanko Muhammad As Substantive CJN

***President weighs options on Onnoghen

WITH the recommendation
of the National Judicial Council (NJC), the coast seems clear for Acting
Chief Justice of Nigeria (CJN) Ibrahim Tanko Muhammad to mount the
saddle as CJN.

President Muhammadu Buhari is likely to accept the
NJC’s recommendation that Justice Muhammad should be CJN, The Nation
learnt yesterday.

But Buhari is said to be weighing whether or
not to accept the NJC’s recommendations on the suspended Chief Justice
of Nigeria ( CJN), Justice Walter Onnoghen.

Buhari, who had a
meeting with Vice President Yemi Osinbajo on the issue before flying
out to Jordan yesterday, is also said to be seeking legal opinions on
the NJC’s decisions.

The NJC absolved Justice Muhammad of any blame in deferring to the President to be sworn in as the Acting CJN.

He
accepted the appointment, having been presented with an ex parte order
of the CCT, which led to Justice Onnoghen’s suspension.

The Nation learnt that after receiving the NJC’s recommendations, the President elected to seek legal advice on them.

A
top government official, who pleaded not to be named because he was not
permitted to talk on the matter, said the President was considering:

1. whether or not NJC’s conclusions on findings on Onnoghen did not amount to indictment;

2. if he should accept NJC’s soft-landing decision to retire Justice Onnoghen with full benefits;

3. Onnoghen’s retirement without benefits; and

4.
whether the law should run its full course, including the conclusion of
Onnoghen’s trial by the Code of Conduct Tribunal and a fresh trial by
the Economic and Financial Crimes Commission (EFCC).

Buhari is
also believed to be thinking of asking NJC to recommend deterrence for
Onnoghen or seeking further consultations with the council.

The President is also said to be planning to seek advice on whether the input of the Senate necessary in retiring Onnoghen?

The
source said: “Since he received the NJC’s recommendations, the
President has been thinking of how to manage the situation without
rubbishing the anti-corruption agenda of his administration. He has the
right to accept or reject the council’s recommendations on Onnoghen.

“The
President is already seeking legal opinion on legal issues surrounding
the NJC’s decisions. He does not want to set a bad precedent in
tackling this Onnoghengate”.

The source confirmed that the
President met with Vice President Yemi Osinbajo. He believed Onnoghen’s
case and other matters were discussed.

Responding to a question,
the source said: “What NJC decided was a kind of soft-landing for
Onnoghen with moral and legal implications.

“Apart from stepping
down, there are concerns about what Onnoghen is really offering as
deterrent. Some are saying why can’t the law run its full course?

“Others
are pressurising the government to take advantage of the window created
by the NJC to rebuild the ties between the Executive and the Judiciary
as a result of Onnoghen’s travails.”

It was unclear whether or not the President would need the consent of the Senate to retire Onnoghen.

“This is part of the legal opinion being sought by the President,” a presidency source said, pleading not to be named.

Section
231 of the 1999 Constitution says: “(1)The appointment of a person to
the office of Chef Justice of Nigeria shall be made by the President on
the recommendation of the National Judicial Council subject to
confirmation of such appointment by the Senate.

“(2) The
appointment of a person to the office of a Justice of the Supreme Court
shall be made by the President on the recommendation of the National
Judicial Council subject to confirmation of such appointment by the
Senate.

“(3) A person shall not be qualified to hold the office
of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless
he is qualified to practise as a legal practitioner in Nigeria and has
been so qualified for a period of not less than fifteen years.

“(4)
If the office of Chief Justice of Nigeria is vacant or if the person
holding the office is for any reason unable to perform the functions of
the office,’ then until a person has been appointed to and has assumed
the functions of that office, or until the person holding the office has
resumed those functions, the President shall point the most senior
Justice of the Supreme Court to perform those functions.

“(5)
Except on the recommendation of the National Judicial Council,
appointment, pursuant to the provisions of subsection (4) of section
shall cease to have effect after the expiration of three months from the
date of such appointment, and the President shall not reappoint a
person whose appointment has lapsed.”

Part 1 of the Third Schedule to 1999 Constitution says: “The National Judicial Council shall have power to:

(b)
recommend to the President the removal from office of the judicial
officers specified in sub-paragraph (a) of this paragraph, and to
exercise disciplinary control over such office’s;

(c) recommend
to the Governors from among the list of persons submitted to it by the
State Judicial Service Commissions persons for appointments to the
offices of the Chief Judges of the States and Judges of the High courts
of the states, the Grand Kadis and Kadis of the sharia Courts of Appeal
of the States and Presidents and Judges of the Customary Courts of
Appeal of the States;

(d) recommend to the governors the removal
from office of the judicial officers specified in sub-paragraph (c) of
this paragraph, and to exercise disciplinary control over such officers;

(e) collect, control and disburse all moneys, capital and recurrent, for the judiciary;

(f)
advise the President and governors or any matter pertaining to the
judiciary as may be referred to the Council by the President or the
covernors;

(g) appoint, dismiss and exercise disciplinary control over member and staff of the Council;

(h) control and disburse all monies, capital and recurrent. for the services of the Council; and

(i) deal with all other matters relating to broad issues of policy and administration.

Meanwhile,
the NJC has recommended the confirmation of Justice Ibrahim Tanko
Muhammad as the substantive Chief Justice of Nigeria.

“As the next in-command, the NJC said he should take over from the CJN.”

When
contacted, a source in NJC said: “In line with Section 26 of the
Judicial Discipline Regulations of 2017, the council has reached out to
all those affected by its decisions.

Section 26 says: “The
decision taken in regulation 25 of these Regulations shall be notified
to the following persons: (a)The subject of the decision; (b)The
Complainant and (c) The relevant Head of Court

“Upon a request made to the Council, the decision may be notified to any other person. The grant or refusal of such request is in the absolute discretion of the Council.”

Source:- Thenationonlineng