There
is apprehension in the judiciary after the Chief Justice of Nigeria,
Mahmud Mohammed left office without appointing a successor.
Chief Justice of Nigeria (CJN) Mahmud Mohammed
All is not well with the Judiciary in Nigeria as the Chief Justice
of Nigeria (CJN) Mahmud Mohammed retires today, without handing over to a
successor.
According to reports, the CJN did not officially hand over to any
successor yesterday as he retired. It was learnt that this might have
caused by the failure of President Muhammadu Buhari to act in time after
the CJN had forwarded name of Justice Walter Nkanu Onnoghen, as his
successor. However, it was also learnt that before the next CJN is
appointed, the Senate must confirm him. This and many other things made
the procedure of appointment of the next CJN slow.
Daily Sun reported
that the anxiety is high in the Judiciary over the lacuna, giving that
Mohammed’s tenure as CJN lapsed by 12:00am today, upon clocking the
mandatory retirement age of 70 years.Although, Mohammed had on October
10, 2016 forwarded Onnoghen’s name to Buhari as the next most senior
Justice of the Supreme Court to replace him, based on the
recommendations of both the Federal Judicial Service Commission (FJSC)
and the National Judicial Council (NJC), the president is yet to forward
same to the Senate for confirmation.
Although section 231 (1) of the 1999 Constitution (as amended),
confers on president Buhari the power to appoint a CJN, on the
recommendation of the NJC, such appointment must however be subject to
confirmation by the Senate. Section 231 (3) of the Constitution also
provides that: “A person shall not be qualified to hold the office of
the CJN or of a justice of the Supreme Court, unless he is qualified to
practice as a legal practitioner in Nigeria and had been so qualified
for a period of not less than 15 years.”
Reacting on the current situation in the Judiciary, a Senior
Advocate of Nigeria, Sabastine Hon has described as “dangerous” Buhari’s
failure to endorse Onnoghen’s nomination as CJN before the expiration
of Mohammed’s tenure.
“The tenure of the Mohammed, expires at 12 midnight on November
9, 2016. Onnoghen’s name, as the next, most senior Justice of the
Supreme Court, has since October 10, 2016, been forwarded to the
president, who is expected, constitutionally, to forward it to the
Senate for confirmation. Till this moment, Mr. President has not
forwarded Justice Onnoghen’s name to the Senate for confirmation. This
is scary, to say the least.
“The time to act is now, as Senate must confirm Justice
Onnoghen latest on Tuesday, to further enable his swearing in just
before or just after Justice Mahmud bows out.
Hon said the image of the Judiciary has nosedived in recent times
and the president must be seen to be preventing any further dent on the
image of this crucial arm of government. He urged the president to
endorse Onnoghen’s appointment, who, he said, could be the first
southerner in nearly 30 years to hold the post.
However, another lawyer, Chief Mike Ozekhome (SAN) said there is no cause for alarm because there would be no vacuum.
He explained that “section 231 (4) (5) of the Constitution
provides that when the office of the CJN becomes vacant for any reason,
in the interim, the president will appoint the most senior justices of
the court, in this case, Justice Onnoghen, in an acting capacity. So, it
is not a gift from the president but, a constitutional provision and he
is duty bound to act in accordance with the provisions of the
Constitution, to appoint Justice Onnoghen as acting CJN until his name
is confirmed by the Senate.
“Also, section 231 (5) states that where an Acting CJN is so
appointed, it shall be for the period of three months in the first
instance and he shall perform the full duties and functions of the CJN
and chairman of the NJC. The president can again re-appoint him for
another three months until his appointment is made permanent. But if
within the expiration of the first three months, the president has not
made his appointment permanent, the NJC can still send his name to the
president for appointment. The Constitution did not place a limit on the
number of times his appointment as an acting CJN can be reviewed.
“So, there is no fear that there will be a lacuna in the
Judiciary as the acting CJN shall perform all the functions of his
office including that of the NJC Chairman."
Onnoghen was born on December 22, 1950 at Okurike town, Biase Local
Government Area of Cross Rivers State. He attended the Presbyterian
Primary School, Okurike town between 1959 and 1965 and later proceeded
to Accra, Ghana to attend Odorgorno Secondary School, Adabraka, between
1967 and 1972 for his West African Examination Council (WAEC) exams.
He was at Accra Academy, Ghana, between 1972 and 1974 for his WAEC
(A-Levels) before proceeding to the University of Ghana, Legon, Ghana
between 1974 and 1977 to obtain his Bachelor of Law Degree (LL.B (Hons))
and graduated with a Second Class Upper Division. He attended the
Nigerian Law School, Victoria Island, Lagos between 1977 and 1978. He
was called to the Bar on July 8, 1978.
Among the professional appointments/positions he held include:
Pupil State Counsel, Ministry of Justice, Ikeja, Lagos State (1978 –
1979); Partner in the Law Firm, Effiom Ekong & Company, Calabar
(1979 – 1988); Principal Partner/Head of Chamber of Walter Onnoghen
& Associates, Calabar (1988 -1989). He became a High Court Judge,
Cross Rivers State Judiciary (1989 – 1998) and served as chairman, Cross
Rivers State Armed Robbery and Fire Arms Tribunal (1990 – 1993). He was
also chairman, Judicial Inquiry into the crisis between Students of the
University of Calabar and Obufa Esuk Orok community, Calabar (1996) and
also chairman, Failed Bank Tribunal, Ibadan Zone (1998).
He is also a fellow of Chattered Institute of Arbitrators. and has
attended several conferences and seminars around the world. He is a
member of the Body of Benchers and Life Bencher. He was appointed a
Justice of the Supreme Court of Nigeria (JSC) since 2005.
On February 5, 2016, Justice Onnoghen read the lead judgment,
alongside a panel of seven justices, which dismissed Senator Bukola
Saraki’s interlocutory application challenging the jurisdiction of the
Code of Conduct Tribunal (CCT) to hear his false asset declaration
allegation for not being properly constituted.
Justice Onnoghen also held that the tribunal was by the provisions
of its enabling laws and the constitution conferred with the
quasi-criminal jurisdiction, and thus, could validly issue a bench
warrant. He thus held that the Administration of Criminal Justice Act
2015 was applicable to the proceedings of the tribunal.
He dismissed the allegation by Saraki that he was not properly
served with the charges and held that the charges filed before the CCT
before the appointment of the Attorney-General of the Federation were
valid.
He also noted that there was an attempt by Saraki to intimidate the
ýCCT by claiming that it disobeyed the order of a Federal High Court
barring it from continuing with the proceedings pending the
determination of a suit filed by the Senate President to challenge the
trial.
“I have looked at the records, there is nowhere such orders were made,” Justice Onnoghen ruled.
Following this judgment the CCT proceeded with the Senate
President’s trial on three counts bordering on false assets declaration.
The pronouncement is hailed as having strengthened the new Administration of Criminal Justice Administration (ACJA, 2015).
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