NJC May Sack Onnoghen, Mohammed To End Crisis

ADVERTISE HERE

ADVERTISE HERE

The National Judicial Council (NJC) yesterday gave the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen and the one acting, Ibrahim Tanko Mohammed, a-week ultimatum to respond to the allegations of corruption and professional misconduct levelled against them.

Due
to the gravity of the allegations, the NJC abridged the time and gave
the accused persons one week instead of the usual 14 working days to
respond to the allegations, an indication that they may be sacrificed to
restore sanctity in the highly revered arm of government.

The
council asked Onnoghen to explain why he did not declare all his assets
and Mohammed why he submitted himself for appointment without the
involvement of the NJC.The body, with the powers to discipline erring
judicial officers, held the emergency meeting principally to consider
petitions written against the two most senior judicial officers in the
country. Since the two are incidentally involved in the crisis, they
expectedly recused themselves from the meeting.

As a result,
former president of the Court of Appeal, Justice Umaru Abdullahi, was
elected interim chairman to preside over the meeting.The next in rank at
the Supreme Court, who incidentally is not a member of the NJC, Justice
Olabode Rhodes-Vivour, could not be drafted into the meeting, since he
may be the obvious beneficiary of the crisis.

If the council
sanctions Onnoghen and Mohammed with dismissal, Rhodes-Vivour would
automatically step in as the most senior justice of the Supreme Court
and the NJC would recommend him to the president for appointment.

Perhaps
the NJC had to abridge the time also because Justice Mohammed is
occupying the office based on an interim order. Interim orders have
short life spans. If the order expires, there will be the need for a
fresh order to continue to keep him in office, as vacancy must be
forestalled.

Constitutionally,
anyone occupying the office of the CJN in acting capacity cannot be
reappointed by the president if he fails to get the Senate confirmation
at the expiration of three months and it is not likely the current
Senate would confirm anyone not nominated by the NJC.


Section
231 (1) of the 1999 Constitution states: “The appointment of a person
to the office of Chief 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.”

Subsection 4
provides that: “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
has resumed those functions, the President shall appoint the most senior
Justice of the Supreme Court to perform those functions.”


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

Mohammed’s
appointment by the president happened when there was no vacancy for the
office.In the petition against Onnogen, a civil society group, Resource
Centre for Human Rights & Civil Education had accused him of
non-declaration of his assets as required by law for public officers. He
was charged with the offence at the Code of Conduct Tribunal (CCT).
This resulted in President Muhammadu Buhari suspending him and swearing
in Mohammed in his place.

Consequently, another civil society
group, Centre for Justice and Peace Initiative, and a former president
of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN)
petitioned against Mohammed for accepting the invitation to be sworn in
as the acting CJN.

In the petition dated January 28, Agbakoba
said Mohammed should be sanctioned for assuming office “despite knowing
of his unconstitutional appointment.”“Hon. Justice Tanko is fully aware
of the state of law, yet presented himself to be sworn in by the
President.

“Incidentally, Justice Tanko was a member of the NJC
panel that removed Justice Obisike Orji of the Abia State High Court for
accepting to be sworn in as chief judge by the governor of Abia State
without the recommendation of the NJC.“It is a matter of regret that
Justice Tanko who participated in this process will lend himself to this
constitutional infraction.

“We pray the NJC to determine this
petition in line with the decision in Justice Obisike Orji by
immediately removing Tanko as Justice of the Supreme Court on grounds of
gross misconduct which has generated perhaps the most controversial
crisis in Nigeria’s judicial history.”

Not being a judicial
officer, the NJC referred the petition written against the CCT Chairman,
Danladi Umar, to the Federal Judicial Service Commission (FJSC), saying
it is the appropriate constitutional body empowered to deal with it.The
body adjourned to February 11.

Source:- Guardianng

ADVERTISE HERE

CLICK HERE TO COMMENT ON THIS POST

Do you find Naijafinix Blog Useful??

Click Here for Feedback and 5-Star Rating!



Be the first to comment

Share your thoughts

Your email address will not be published.