Onnoghen: Agbakoba Makes Revelation About CJN Appointed By Buhari

Onnoghen: Agbakoba Makes Revelation About CJN Appointed By Buhari

A senior advocate of Nigeria, Olisa Agbakoba SAN, has written a petition against the acting Chief Justice of Nigeria, Justice Tanko Muhammed.

He made a revelation in the petition, saying that the new CJN should not be in office.

Muhammed was appointed after President Muhammadu Buhari suspended Walter Onnoghen from office.

In
the petition sent to on Monday, Agbakoba said: “On 25th of January
2019 President Mohammadu Buhari pursuant to an exparte order of the Code
of the Conduct Tribunalpurportedly suspended the Chief Justice of
Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghnen and
purportedly swore in Hon. Justice Tanko Mohammed as the Acting Chief
Justice of Nigeria.

“The Constitution is clear about the
procedure for suspending or removing the Chief Justice of Nigeria. The
Chief Justice of Nigeria can only be removed on the recommendation of
the NJC. SeeSection 153 (1), Paragraph 21 (a) of the 3rd Schedule and
Section 292 (1) (a) (i) of the Constitution of the Federal Republic of
Nigeria 1999and the Supreme Court decisioninElelu-Habeeb v AGF (2012) 40
WRN 1.

“Hon. Justice Tanko Mohammed is fully aware of the state
of law, yet presented himself to be sworn in by the President.
Incidentally, Justice Tanko Mohammed 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 Mohammed 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 Justice Tanko Mohammed as Justice of the Supreme
Court on grounds of gross misconduct which has generated perhaps the
most controversial crisis in Nigeria’s judicial history.”