President Buhari has the power to remove, suspend CJN - Acting CJN, Tanko Muhammad

POLITICS

President Buhari has the power to remove, suspend CJN - Acting CJN, Tanko Muhammad

 

The Acting Chief Justice of Nigeria, Justice Tanko Muhammad, has said President Buhari, as the appointor of the Chief Justice of Nigeria, has the power to remove or suspend any person occupying the office.

Muhammad stated this in defence of Buhari’s suspension of the embattled CJN, Justice Walter Onnoghen, on January 25, 2019, and his immediate appointment by the President as the Acting CJN.

This is contained in a counter-affidavit which he filed to oppose a suit seeking to stop him from being appointed as substantive CJN. The suit was filed before the Federal High Court in Abuja by Malcom Omirhobo Foundation, through its lawyer and promoter, Chief Malcom Omirhobo.  

It prayed for, among others, a declaration that Justice Muhammad “is not a proper and fit person to be recommended by the 2nd defendant (the Federal Judicial Service Commission) to the 1st defendant (the NJC) and by the 1st defendant to the 5th defendant (Buhari) for appointment to the Office of the CJN.”

This, the plaintiff said, was because Muhammad in accepting to be sworn in as the Acting CJN, “conducted himself in a manner that cast doubt of confidence in his integrity and impartiality of the judiciary and having made himself a tool used in the violation of the Constitution of Nigeria.”

The seven defendants to the suit are the National Judicial Council, the Federal Judicial Service Commission, Justice Muhammad, the Federal Government, Buhari, the Attorney-General of the Federation and the Senate.

In his response contained in the counter-affidavit filed on his behalf by the law firm of Lateef Fagbemi (SAN), Muhammad maintained that Buhari, acting on an ex parte order of the Code of Conduct Tribunal, rightly suspended Onnoghen. The counter-affidavit was deposed to by Sadiq Ahmad, a lawyer in Fagbemi’s law firm, who also stated that he with “the 3rd defendant (Muhammad) carefully studied the plaintiff’s application for interlocutory injunction.”

He also said he did not commit any wrong by submitting himself to be sworn in in acting capacity following the order of the CCT and the vacuum left behind by Onnoghen’s suspension. He recalled that Onnoghen had subsequently, after his suspension by the President, resigned from office.

On April 18, 2019, the CCT convicted Justice Onnoghen on charges of false and non-declaration of assets, and as punishment, ordered his removal from office, barred him from holding public office for a period of 10 years and ordered the forfeiture of the proceeds of the bank accounts he was said to have failed to declare.

Muhammad stated that apart from the constitutional procedure for the removal of a person from the office of the CJN based on age or retirement or by an address supported by two-thirds majority of the Senate, “any public officer found guilty of the breach or violation of code of conduct can be ordered to vacate the office he is holding as the consequence of the breach or violation of the code of conduct.”

He added that the President also had the power to remove or suspend any occupant of the office of the CJN.

“I also know as a fact that the 5th defendant has the power to remove or suspend any person occupying the office of the Chief Justice of Nigeria being the appointing authority,” the affidavit read in part.

Justifying Onnoghen’s suspension by Buhari, the counter-affidavit stated, “That I also know as a fact that as at January 25, 2019 the order of the Code of Conduct Tribunal also directed the 5th defendant to swear in the most senior Justice of the Supreme Court as the Acting Chief Justice of Nigeria.

“That it was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as the Acting Chief Justice of Nigeria.

“That in the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.

“There was also no need for the 5th defendant to approach the 7th defendant for support by majority of two-third votes, before the erstwhile Chief Justice of Nigeria could be suspended from office.”

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NJC urged to investigate corruption allegation against Chief Judge

NEWS

NJC urged to investigate corruption allegation against Chief Judge

 

The National Judicial Council (NJC) was on Tuesday urged to prioritise investigation of corruption allegations brought against Justice Nasiru Ajanah, Kogi Chief Judge without further delay.

The Executive Secretary Anti-Corruption and Research Based Data Initiative (ARDI), Chief Dennis Aghanya made the call while speaking to newsmen on Tuesday in Abuja.

The anti-corruption body recently gained popularity when it initiated the investigation of the non-assets declaration allegations against Justice Walter Onnoghen, former Chief Justice of Nigeria (CJN).

The Code of Conduct Tribunal (CCT) found merit in the evidence excavated by the NGO and convicted the ex-CJN.

Aghanya said the organization was worried by the slow nature of the council toward investigating the fraud allegations brought against the Kogi CJ.

“Gentlemen and ladies of the press, we wish to bring to your notice our petition submitted today to the Acting CJN and the chairman of the NJC against the NJC.

“The bone of contention in our petition is our dissatisfaction over the manner the NJC is handling the petition submitted to it by the Kogi Governor on the recommendation of the Kogi House of Assembly.

“The assembly has recommended the sacking of the State Chief Judge, Justice Nasiru Ajanah for alleged gross misconduct.

“While our petition to the NJC is not a pronouncement of guilt against his Lordship, Justice Ajanah, we frown at the pattern the NJC seem to be adopting in cases brought before it against serving judges.

“In its efforts to find a lasting peace in the face off between the Kogi State Judicial workers and the executive arm of government’’, he said.

Aghanya, however, said: “the NJC left unaddressed the substance of the indictment against the State Chief Judge to merely address the administrative dispute, thereby giving the embattled Chief Judge a soft landing’’.

“You may recall that in addressing the petition of the EFCC against the former CJN, Justice Walter Onneghen, the NJC had recommended a soft landing to President Buhari by suggesting that he be retired or sacked.

“We commend the President for not succumbing to such recommendation. Justice is better left to run its full course.

“We consider this pattern of soft landing as dangerous precedence by the NJC. It should learn to call a spade a spade so that justice can actually be seen to be dispensed’’, Aghanya said.

Aghanya further said: “another dangerous dimension to the NJC’s approach is that it delays verdicts for petitions brought before it’’.

“Like in the case of Kogi, a recommendation of the State Assembly assented to by the state Governor is supposed to be effective.

“But in the magnanimity of the state Governor he chose to still write the NJC in obedience to the stipulations of the law.

“Rather than reciprocate this gesture the NJC has chosen to unnecessarily delay verdict on the crucial aspect of the matter’’, he said.

He explained that the delay would only linger the crisis in the state, adding that the council must not give room for the governor to a decision that could be termed an affront against it.

“The Kogi House of Assembly has statutorily done the needful by investigating the report and aligned itself with State Auditor General.

“It is on the basis of this that we are calling on the NJC to ask the State Chief Judge to step aside and allow the necessary agencies to investigate the matter and do the needful.

“Failure to address our petition after seven days would compel us to graduate into the next level of action’’, Aghanya said.

Aghanya said the organisation would continue to highlight issues of corruption in the judicial sector because of its strategic importance in the fight against corruption in the country.

“Sanity in the judiciary would ensure sanity in justice dispensation to guarantee equality of all Nigerians’’, he said.

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