After
many weeks of waiting, the acting President Yemi Osinbajo has forwarded
the name of Justice Walter Onnoghen to be confirmed as the Chief
Justice of Nigeria.
Acting President, Yemi Osinbajo
After the long wait, Acting President Yemi Osinbajo has finally
sent Justice Walter Onnoghen's name to the senate for confirmation as
the Chief Justice of Nigeria. This is coming just two days to the
expiration of the tenure of the Onnoghen as the acting Chief Justice of
Nigeria (CJN).
According to ThisDay, a source close to the Office of the Senate
President, said Senate President Bukola Saraki received the letter
yesterday (Tuesday), requesting the upper chamber to screen and confirm
Justice Onnoghen, a Cross River State indigene, as the substantive CJN.
Also, a ranking senator speaking on the condition of anonymity,
said he was aware that the acting president had transmitted Justice
Onnoghen’s name to the Senate for confirmation.
However, he cautioned that just because the presidency had
transmitted Justice Onnoghen’s name, it should not expect the Senate to
rubber stamp his nomination without a thorough investigative and
screening process.
He also pointed that the Senate was currently on recess, so it
would be left to Saraki to decide whether to reconvene the Senate to
kick-start the screening process before Justice Onnoghen’s tenure as
acting CJN lapses on Friday.
“The Senate President is in receipt of the letter from the
acting president, but it will be left to Senator Saraki to reconvene
plenary to start the screening process.
“But even if he does so, the presidency should not expect us to
rubber stamp Justice Onnoghen’s nomination, as we would have to carry
out our own background checks, investigation and screening before
deciding whether to confirm him or not,” the senator said.
Also, it was revealed that due to the lack of sufficient time to
conclude Justice Onnoghen’s screening in two days before the expiration
of his tenure as the acting CJN, Osinbajo, based on the recommendation
of the National Judicial Council (NJC), could renew it as an interim
measure while the Senate goes about the screening and confirmation
exercise.
It is also believed that NJC in view of the current situation, will
hold an emergency meeting today to recommend the renewal of Justice
Onnoghen’s tenure as the acting CJN.
A source with the NJC said that the council would meet to recommend
Justice Onnoghen to the acting president for reappointment in an acting
capacity, as this would not require Senate confirmation.
“While serving in an acting capacity for the second time, the Senate will go about its business screening him at its own pace,” the source who was in the know of the likely outcome of the meeting, confided in THISDAY.
Justice Onnoghen’s reappointment as CJN in an acting capacity will be in line with Section 231(4) and (5) of the constitution.
The section states: “If the office of Chief Justice of Nigeria
is vacant or if the person holding the office is for any reason unable
to perform the functions of the office, then until a person has been
appointed to and has assumed the functions of that office, or until the
person holding the office has resumed those functions, the President
shall appoint the most Senior Justice of the Supreme Court to perform
those functions.
“Except on the recommendation of the NJC, the appointment
pursuant to the provisions of sub-section (4) of this section shall
cease to have effect after the expiration of three months from the date
of such appointment and the President shall not reappoint a person whose
appointment has lapsed.”
In recent weeks, pressure has been mounted on the presidency to
appoint Justice Onnoghen the substantive CJN after northerners had held
the post for 30 years.
The transmission of Justice Onnoghen’s name to the Senate follows
the clean bill he was given by the Department of State Service (DSS)
that has been involved in the probe of some judges of the Supreme Court
and other lower courts.
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