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Acting CJN Mohammad Confirms Buhari Has Power to Suspend, Remove CJN
The Acting Chief Justice of Nigeria, Justice Tanko Muhammad, has said President Muhammadu 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 erstwhile 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.”
It stated that Buhari “followed due process of law in the appointment of the 3rd defendant as the Acting Chief Justice of Nigeria,” adding that “there has not been any negative impact on the Nigerian judiciary as there is renewed belief by the common man in the judiciary as his last hope.”
Justice Inyang Ekwo has fixed Friday for the hearing of the suit.
The Punch
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The Christmas/End of Year party of the Igbobi College Old Boys Association (ICOBA) was filled with excitement, pomp and pageantry as the 84-86 set celebrated its 40th anniversary of leaving the school.
The highlight of the event was the donation of N20 million from the set’s endowment to serve as a seed fund for the national body’s endowment through the National ICOBA. The donation was received by Mr Femi Banwo, President ICOBA International and Mr Kunle Elebute, Chairman ICOBA National Endowment Committee
The 84-86 set’s Board of Trustees Endowment Committee had established an independent endowment in 2009 with a vision to create a lasting legacy for the set. Speaking at the occasion, the Chairman of the ICOBA 84-86 Board of Trustees and Endowment Committee, Dr. Falil Ayo Abina, expressed his delight, stating that it was a dream come true.
Dr. Abina explained that one of the core lessons learned at Igbobi College was “self-denial.”
He reminisced about the Self-Denial Fund (SDF), where students were taught to contribute their weekly “widow’s mite” to share with the less privileged in society. Dr. Abina emphasized that when the endowment committee conceived the idea of the endowment 15 years ago, they had this legacy in mind, aiming to serve a purpose greater than self.
The donation of N20 million to the national endowment is expected to inspire others within the alumni and other school alumni associations to follow suit.
This generous donation is the first in ICOBA’s history and arguably in Nigeria and sub-Saharan Africa.
The 13-member endowment committee, also include Demola Ipaye, Fola Laguda, Gbenga Aina, Demola Oladeinde, Jimi Onanuga, Abayomi Alabi, Kwami Adadevoh, Bayo Ayoade, Tunde Sadare, Wole Ogunbajo, Tunji Akinwummi, and Lanre Olusola, worked tirelessly to make this vision a reality and it was indeed mission accomplished for the ‘Nobles Nigerians ‘ as Igbobians are called.
The recent US presidential election should be praised for its credibility and peaceful conduct. The election serves as a model for Nigeria, highlighting the importance of free, fair and transparent polls, according to the publisher of online platform, Bluefames Media, Mr. Victor Udoh
The US election saw Donald Trump, the Republican candidate, emerge victorious over Democrat, vice president Kamala Harris. Trump secured 270 electoral votes, surpassing Harris’s votes.
While congratulating Trump on his victory, Udoh noted that the election’s smooth process, devoid of issues like ballot box snatching, violence and technical glitches.
In contrast, Nigeria’s electoral process often faces challenges, including delays, vote-buying and disputes over results, he lamented. Udoh emphasized the need for Nigeria to learn from the US example, ensuring credible elections that reflect the will of the people.
He said: “Nigerians and the international community monitored the outcomes of the US election. You could see that the US electoral process demonstrates the value of credible and peaceful elections, which experience Nigeria can draw lessons from to improve its own electoral system.
“By embracing transparency, accountability and peaceful conduct, Nigeria can strengthen its democracy and ensure governance that truly represents the people’s will.”
Udoh, a publicist and motivator, pointed out that learning from the US experience, Nigeria can address its electoral weaknesses and foster a more robust democracy, which in turn, can lead to better governance, economic growth and improved living standards for Nigerians.
“Nigeria must prioritize electoral reform and transparency to ensure that its citizens’ voices are heard and valued,” he stressed.
He, however, warned that “a second Trump term may have significant implications for global issues like dollar value, immigration, energy and geopolitical stability.”
Victor Udoh is the publisher of online platform, Bluefames Media
