NJC Recommends Onnoghen’s Retirement, Muhammed To Stay As CJN

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There are indications that the National Judicial Commission (NJC) may
have recommended the retirement of suspended Chief Justice of Nigeria
(CJN), Justice Walter Onnoghen and the retention of Justice Ibrahim
Tanko Muhammed as substantive CJN.

This is coming at a time
the leadership of the All Progressives Congress (APC) has allegedly
renewed fresh pressure on the judiciary and the Independent National
Electoral Commission (INEC)to find political solution to the
disqualification of the party from participating in elections in Rivers
and Zamfara states.

Daily Sun gathered that the retirement of
Onnoghen and retention of Muhammed as CJN are the NJC’s last-ditch
effort to bring to an end the impasse in the judiciary following
President Muhammadu Buhari’s hammer on the CJN.

The NJC,
which had given Onnoghen and Justice Muhammed seven days ultimatum to
answer to petitions against them, will today meet to ratify its
recommendation on the CJN suspension saga.

A competent
source revealed that the NJC resolved that the suspended CJN should
retire, in the face of the allegations against him, even though yet
unproven in the law courts.

On the reason for wanting Justice
Muhammad to continue in substantive status as the CJN, the source said
the NJC took the decision based on its view that he had not committed
any offence or breached any rule.


“He
presented himself for swearing in based on a court order (CCT). He
couldn’t have disobeyed a court order, which the president also relied
on,” the source said.

The retention of Justice
Muhammed will dash the hopes of some powerful forces in the South West,
which had anticipated that the next most senior justice of the Supreme
Court from the zone will be a beneficiary of the impasse, in the event
of the retirement of Onnoghen and Muhammed.

Recommendation for
Onnoghen’s retirement and retention of Muhammed are contrary to
expectations of some lawyers who had canvassed that both justices ought
to go to ensure clean slate in the impasse.

They cite the case of
Abia State Chief Judge, where the NJC ordered the retirement of acting
Chief Judge of Abia, Obisike Orji, for accepting the appointment when
the State Chief judge, Justice Theresa Uzokwe, was suspended by the
state government without its approval.

Senior lawyers, like
former President, Nigeria Bar Association (NBA), Olisa Agbakoba (SAN)
had petitioned the NJC over Muhammed’s appointment as Acting CJN. He had
insisted that Tanko was wrong in presenting himself to be sworn in.

Also
human rights activists, Chief Mike Ozekhome (SAN) and Mr. Femi Falana,
faulted the suspension of Onnoghen for being procedurally wrong.

Falana
said: “I have had cause to call on the Attorney-General of the
Federation, Mr. Abubakar Malami (SAN) to withdraw the charge of false
declaration of assets filed against the Chief Justice of Nigeria,
Justice Walter Onnoghen, at the Code of Conduct Tribunal. The call was
without prejudice to the merit of the serious allegations levelled
against the Chief Justice. In line with decided judicial authorities I
had wanted the National Judicial Council to investigate the
allegations.”

Ozekhome argued that the removal of the CJN was a
ploy to emasculate the judiciary by the government so as to get
political advantage ahead of the general election.

The United
States government and the European Union equally condemned Onnoghen’s
suspension saying the move was in violation of the constitutional
requirement for the removal of CJN

The US authorities said the
development was a mockery of President Buhari and other Nigerian
politicians’ commitment to free elections.

A US statement said:
“We note widespread Nigerian criticism that this decision is
unconstitutional and that it undermines the independence of the judicial
branch.

“That undercuts the stated determination of government,
candidates, and political party leaders to ensure that the elections
proceed in a way that is free, fair, transparent, and peaceful – leading
to a credible result.”

In the sane vein, the Commonwealth
Lawyers Association also flayed the move claiming that the
constitutional procedures and due process stipulated for investigating a
judicial officer in Nigeria were not followed.

The body
contended that the government was entitled to charge members of the
judiciary accused of criminal conduct, but that this should be done in a
way that was “consistent with the rule of law and constitutional
safeguards.

“The judiciary, like other members of society, may
not be subjected to violations of their fundamental human rights no
matter what the charges are against them,” the lawyers said.

Meanwhile,
there is apprehension over Onnoghen’s appeal against his trial at the
Code of Conduct Tribunal (CCT) at the Court of Appeal, which come up
Wednesday.

Close associates of the suspended CJN are worried
about the fate of the case, if the NJC announces the retirement of
Onnoghen ahead of the case at the Appeal Court.

In its reaction to the Onnoghen case, the CUPP alleged that the Presidency has arm-twisted the judiciary for a deal.

CUPP alleged the NJC’s deal with the Presidency is to forcefully retire Onnoghen.

The deal, the group further alleged, was struck with the acting Chairman of the Council, Justice Umaru Abdullahi (retd).

CUPP said this in a statement issued in Abuja, yesterday, through its first national spokesperson, Ikenga-Imo Ugochinyere.

In
another development, the APC leadership has reportedly intensified
pressure to get a reprieve at the Supreme Court, which will enable the
party field candidates in the forthcoming elections in Rivers State.

The
APC had told its supporters not to panic after last Friday’s Supreme
Court’s ruling, saying the determination of the substantive case, which
comes up today, may be favourable to it. The apex court, by the ruling
dismissed the appeal filed by the Rivers State APC chairman, Flag
Ojukaye, challenging the judgments cancelling the conduct of the party’s
primaries.

A stalwart of the party, who pleaded anonymity
revealed that the APC was hoping to get a ruling today that will enable
it field candidates in governorship, National Assembly and state Houses
of Assembly elections in Rivers State.

“We are hoping to get a
ruling that will allow us participate in elections in Rivers. Supreme
Court is ruling on one of the appeals tomorrow (today),” the party
chieftain said.

However, a legal luminary, Dr. Ehiogie
West-Idahosa, had argued, in line with the ruling of the Supreme Court
of February 8, that the matter of fielding candidates in the Rivers
elections by the APC was “dead and deserved a decent burial.”

He
said: “I do not see how Rivers APC can be restored to the ballot. I
cannot find by what means. Like I had earlier submitted, it is the end
of the road for Rivers APC candidates as far as 2019 general elections
are concerned.”

The INEC had foreclosed the possibility of APC
fielding candidates in the coming elections. The electoral body said
follwing on the expiration of the deadline for APC to submit names if
its candidates, the party will not participate in the elections.

Source:- Sunnewsonline

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