Human rights lawyer, Olisa Agbakoba (SAN), has petitioned the National Judiciary Commission (NJC), over the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria and the subsequent appointment of Justice Tanko Muhammed as Acting CJN by President Muhammadu Buhari.
Onnoghen is accused of not fully declaring his assets after becoming the chief justice of Nigeria, but President Buhari last Friday announced his suspension from office and the appointment of Justice Muhammed, citing orders from the Code of Conduct Tribunal (CCT), where Onneghen was facing trial.
The suspension was however, against an order by the Court of Appeal, which asked for a suspension of the trial at the CCT, to enable it decide on a suit by Onnoghen challenging the case.
The suspension by Buhari, deemed unconstitutional by many lawyers, has generated criticism and widespread outcry from Nigerians who have called for Onneghen’s immediate reinstatement.
Agbakoba, in a petition a copy which was sent to journalists Monday, described the appointment of Muhammed as a violation of relevant sections of the Nigerian Constitution.
He further berated Justice Muhammed for presenting himself for swearing-in for the position of CJN, in spite of being aware of the law and having been a member of NJC panel that removed Justice Obisike Orji of the Abia state High Court.
He urged the NJC to act swiftly and remove Justice Mohammed from office as the Chief Justice of the Supreme Court on grounds of gross misconduct.
According to him, “On 25th of January 2019 President Mohammadu Buhari, pursuant to an exparte order of the Code of the Conduct Tribunal purportedly suspended the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghen 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. Section 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 decision in Elelu-Habeeb v AGF (2012) 40 WRN 1”
Agbakoba argued that “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.”
The SAN noted that: “It is a matter of regret that Justice Tanko Mohammed who participated in this process will lend himself to this constitutional infraction.”
Agbakoba prayed 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.”
Iniobong Iwok
