The Nation Newspaper

Tag: CJN

  • Group to CJN: Beware of of Abia politicians

    Agroup, the Concerned Abians in Lagos (CAL), has urged the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to beware of attempts by some desperate politicians to influence the outcome of the appeal between Uche Ogah and Abia State Governor Okezie Ikpeazu.

    Its coordinator, Chief Kenneth Uchendu, said that the group was aware of moves by some politicians to get justice through the back door.

    According to him, a lady close to the CJN was recently approached by one of the parties to the suit with an offer of hundreds of millions  of naira if she could provide access to the CJN.

    “While we trust the CJN, we are however concerned that this desperate politician will stop at nothing in his desperate moves to get justice at all cost.

    “We are, therefore, appealing to your lordship to endeavour to allow your brother justices be aware of this desperate move,” he said.

    The group did not name the politicians.

    The Supreme Court had reserved judgment in the appeals against the judgment of the Court of Appeal upholding Ikpeazu’s election as governor.

    The apex court fixed judgment for May 12 after Ikpeazu and Ogah, both of the Peoples Democratic Party (PDP), adopted their briefs.

    Justice Okon Abang of the Federal High Court had ordered Ikpeazu to vacate his office as governor. The judge also ordered the Independent National Electoral Commission to issue Ogah with a certificate of return as the governor of Abia.

    However, the Court of Appeal set aside Abang’s judgment. Dissatisfied, Ogah appealed to the Supreme Court.

  • Saraki, Dogara update Buhari on NASS activities

    Saraki, Dogara update Buhari on NASS activities

    The leadership of the National Assembly, led by Senate President Bukola Saraki, on Tuesday briefed President Muhammadu Buhari on the activities of the National Assembly while he was away in London.

    Speaking after the closed door meeting with the president, Saraki, who was accompanied by the Speaker of the House of Representatives Yakubu Dogara, said they were delighted that the president was back in his office.

    According to Saraki, “The president met with us. We were there for over 40 minutes. I was not talking to myself. So, you know he was responding.

    “We were engaging. He engaged us very well. We discussed issues of national interest, we are well happy to see him back, he is back at the office, and he is doing his work.

    “Budget is ongoing. The economy, things that we passed in his absence including the (Chief Justice of the Nigeria) CJN issue; issue to do with the Eurobond.

    “Just general issues that are pending and some other issues like the ambassadorial nominees, stability in the Niger Delta – a lot range of issues we covered in the short period of time,’’ he said.

    On the 2017 budget proposal, Saraki said that it would be passed before the end of March.

    The News Agency of Nigeria (NAN) reports that on Dec. 14, 2016, Buhari presented a budget of N7.30 trillion for 2017 before a joint session of the National Assembly.

    Also, Dogara pledged that the National Assembly would continue to collaborate with the presidency to achieve the desired goal of uplifting the quality of life of all Nigerians.

    Dogara added, “We expect to cooperate more than we fight in the interest of our people to ensure that there is progress. It is one government, there is no division.

    “If he (President Buhari) fails we all failed.

    “So, it is in realisation of this that we always extend the needed support to ensure that he succeeds so that our government will be rated as a successful one,” he said.

     

  • Senate confirms Onnoghen as CJN

    Senate confirms Onnoghen as CJN

    The waiting game for Acting Chief Justice of Nigeria Justice Walter Samuel Onnoghen, ended yesterday.

    The Senate unanimously confirmed Onnoghen’s nomination as Chief Justice of Nigeria (CJN) after over one hour question and answer session in a plenary session.

    If inaugurated by the President, Onnoghen will become the 15th CJN after independence.

    The confirmation hearing started by 11.45am and ended by 1pm.

    What followed was a mild protest by some senators who claimed that they wanted to ask Onnoghen some questions bothering their minds.

    But many Senators felt that Onnoghen discharged himself creditably by answering questions frankly.

    Onnoghen said that setting up special courts to handle corruption cases may not necessarily be the solution to delay in trial of corruption matters.

    He blamed the delay on shabby investigation and prosecution. He said that there should be proper investigation before bringing a case to court.

    Onnoghen added that it takes three to ensure speedy trial and conclusion of corruption cases.

    He named the three as investigation, prosecution and the judge.

    He said, “If the government wants to set up any court, the judiciary won’t say no. But I believe that there should be proper investigation before coming to court.”

    On corruption in the judiciary, Onnoghen was categorical that the Judiciary is part of the society.

    He added, “We agree that there is corruption everywhere. I assure you that we have strong willed, determined judicial officers who are prepared to do their work. I believe that the judiciary will come out from the current situation stronger.”

    On some judicial officers facing corruption charges, Onnoghen requested to be excused from commenting on the matter because it is subjudice.

    Onnoghen also declined to answer questions on the delay in submitting his nomination to the Senate for screening.

    On independence of the judiciary, Onnoghen assured the Senate that he would work to ensure the independence of the judiciary.

    ”I assure you that the independence of the judiciary will continue under my watch and be strengthened because justice is blind, it doesn’t look at anybody. The judiciary is not only the hope of the common man but the hope of everybody. So, I assure you that the Judiciary will remain independent under my watch. Independence of the Judiciary cannot be compromised. I don’t think that can ever happen,” he said.

    On what the Judiciary will do at the event of “reckless” policy statement by the Executive like the Judiciary did in the United States over the immigration policy of President Donald Trump, Onnoghen said the system that operates in the U.S. is different from the system that operates in Nigeria.

    He explained that “there if there is a judgment, the President obeys and if he does not like it, he seeks constitutional means to avoid it. But here is that what operates? Are we ready to adopt that system? Don’t forget you must approach the court. The court does not approach you.”

    There was pin- drop silence in the chamber when Onnogen threw back the question to the Senate.

    Onnoghen said if the appointment of CJN is thrown open, there would be unbridled lobbying for the position.

    Onnoghen said if precedent was thrown away, “the entire system collapses.” He noted that whether alive or dead, the decisions of the court would be analysed by generations unborn.

    On conflicting judgements by judges, he said conflicting rulings occur when a court was not careful enough to see through the gimmick of some cases.

    He noted that they had seen a case with seven appeals.

    He added that conflicting rulings are not abnormal because the Appeal and Supreme Court are there to handle such situations.

    On the way out of conflicting rulings, he said: “Some of you (Senators) know that your cases stop at the Court of Appeal, but you still bring them to the Supreme Court.”

    He told the Senate that a new rule is coming that would compel lawyers to bear the cost of litigation for failing to advise their clients properly.

    The Senate erupted when Onnoghen pointedly told the lawmakers that they were the cause of conflicting rulings by judges.

    When the mild row subsided, Senate President asked whether Onnoghen would be allowed to take a bow and go.

    The senators chorused in the affirmative.

  • Appointment of CJN: Matters arising

    Eminent lawyer Aare Afe Babalola (SAN) argues that the appointment of Chief Justice of Nigeria (CJN) should continue to be based on seniority.

    Since the immediate past Chief Justice of Nigeria (CJN), Hon. Justice Mahmoud Muhammad, retired gracefully from the pinnacle of Nigeria’s Judiciary in November last year, the issue of who steps into his big judicial shoes has been generating some heat. To borrow the lingo of the politicians, the appointment of the next CJN has been heating up the (judicial) polity. But why this brouhaha, why the melee?

    From time immemorial, the law profession has been jealously regarded as a noble and honorable profession with its beauty lying among other things in the fact that they are regarded as learned. Judges were respected by Lawyers and the people generally. Judges were seen as the replica of God on earth. No wonder Ray Ekpu, a frontline Nigerian Journalist and one of the top Executives of the rested Newswatch Magazine once said, among other things, that: “…indeed the seat of a judge is the throne of God”.

    It was these among other factors that fascinated, attracted and persuaded me to study Law. After I obtained my First Degree in Economics through Private Studies from the University of London in 1959, I had some juicy and mouth-watering offers from the Central Bank of Nigeria (CBN) and Mobil and some other reputable organisations then, but I turned them all down despite the accompanying perks and proceeded to read for my LL.B, also by private study.

    After my LL. B, I had to proceed to England for my Bar Examinations because there was no Law School in Nigeria then. It was when I was in England that I had further insight into why the Legal profession enjoyed so much respect among members of the society. The dinners in the Inns of Courts with topmost Judges, Law lecturers and Queen’s Counsel had the effect of training the minds of news inductees and bringing them into contact with the convention and tradition of best practices in the age-long profession.

    To drive the point home, it was part of the tradition that each of the new inductee’s family names, their precedents, occupations and their general history were inscribed on their certificates to admit them into the Bar.

    When I came back in 1963, there were Judges and Lawyers from Europe, West African countries and West Indies around. I met the high standard of practice and decorum that were the hallmark of legal practice in Europe on ground.  The respect among Lawyers and particularly for the Judges was palpably deep and genuine.

    But today, many extraneous factors have crept into the appointment of judges so much so that people working in public limited liability companies have been appointed judges to satisfy geographical spread. Mind you, these are people who have not been to court before, who have never practiced and yet they are being appointed judges only to satisfy some interest alien to the administration of justice. Pray, what sort of judgments do we have with this type of sloppy appointment to the Bench? And in some instances, state governors want to have a hand in the appointment of judges.

    It is on record that appointment of judges in those days was by invitation to practising lawyers who have demonstrated integrity, learning and decorum of someone deserving of being invited to the Bench, but all that seemed to have changed.

    From time to time, appointments to the Supreme Court Bench were from the Bar, the High Court Bench and the Court of Appeal. Furthermore,  the appointment of the CJN in the last 21 years for example, has been from the Bench. The table above will engender a proper understanding Chief Justices of Nigeria are appointed.

     

     Table analysis

    From the above table, it could be gleaned that since the appointment of Hon. Justice Muhammad Lawal Uwais in 1995 as the Chief Justice of Nigeria, all CJNs have been products of the Court of Appeal.

    And so the foggy and foreboding cloud surrounding the appointment of the next CJN after Hon. Justice Muhammad as a result of which unnecessary interferences have crept in is a development that should not have arisen in the first instance. The precedence of appointing the most senior Jurist on the Supreme Court Bench as the CJN should not be dispensed with as any departure from that time-tested practice is bound to rock the boat and we will all be worse for it.

    The appointment of the most senior Justice as the CJN having become a norm and institutionalised has continually fanned the embers of stability and autonomy of the Supreme Court. While the Court of Appeal has become an ever-flowing recruitment fountain for the Supreme Court, the office of the Chief Justice of Nigeria has become the entitlement of the most senior Justice.

    This should remain so. The case of Hon. Justice Walter Samuel Nkanu Onnoghen cannot be different. If this time-honoured practice since 1995 has been followed, the current acrimony about the appointment of the next CJN would have been avoided. Fortunately, the Acting President, Prof. Yemi Osinbajo, SAN, has forwarded Hon. Justice Onnoghen to the Senate for confirmation as the arrow head of Nigeria’s Judiciary. Hopefully, the Senate will do justice to the matter with dispatch and lay the matter to rest finally.

  • Buhari, CJN, Ooni for launch of book on Eso

    The late Supreme Court Justice, Kayode Eso, has been described as a jurist of international repute who still commands a lot of respect five years after his demise.

    Messrs Arigbabuwo Lateef and Odunlami Oluwaseun made this observation at a briefing on the presentation of a book on the late Eso, which they co-authored.

    It is to be launched today.

    The book is titled: Justice Kayode Eso: Beacon of Judicial activism.

    The event will hold at Sheraton Lagos Hotel, Ikeja.

    According to them, the late Eso’s attributes made them to write the book in his honour.

    They hope the book would serve as a resource material for those who share his ideals on the bench, especially his judicial activism.

    President Muhammadu Buhari is expected to be the Special Guest of Honour at the event.

    Former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN) will chair the event, while the Acting Chief Justice of Nigeria, Hon. Justice Walter Onnoghen is the Guest of Honour.

    The Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, Ojaja II is the Host Royal Father while royal fathers of the day included the Awujale and Paramount Ruler of Ijebuland, Oba (Dr) Sikiru Adetona and Oba of Lagos , Oba Rilwan Akiolu.

    Osun State Governor, Ogbeni Rauf Aregbesola, is the chief host,  the father of the day for the book launch is Aare Afe Babalola (SAN) while the Chief Launcher and Book reviewer are Chairman/CEO, Dangote Group of Companies, Alhaji Aliko Dangote and Dean of Law, Obafemi Awolowo University (OAU), Ile Ife, Prof. Ademola Popoola.

     

  • Sagay on the appointment of CJN

    Sagay on the appointment of CJN

    ON page 2 of the February 1, edition of The Nation, Prof. Itse Sagay (SAN), Chairman, Presidential Advisory Committee Against Corruption, forcefully inveighed against the debate on the appointment of the Hon. Justice Walter Nkanu Onnoghen as acting Chief Justice of Nigeria (ACJN) by the Presidency, a metonym for President Muhammadu Buhari, a debate which, according to him, “has generated a lot of heat, acrimony and self-generated anger without generating a single ray of light…” He, therefore, decided “to intervene in the debate as lawyer (sic) and as someone who is an occasional beneficiary of informal sources of information.”
    After stating correctly that the appointment of a Chief Justice of Nigeria (CJN) is provided for in section 231 of the Constitution, he went on to state that “the President is the appointor”, subject to the condition that, prior to such appointment, “he must receive a recommendation from the National Judicial Council (NJC) after which he forwards the name of the appointee to the Senate for confirmation.” All these are statements of fact as they are they dovetail into the provisions of subsections (1) and (4) of section 231 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) except for the construction he has quite clearly given to the words, “the President is the appointor.” If, by the word “appointor”, the learned Senior Advocate of Nigeria means (as is clearly evident in his later submissions), any person who, as a puissant functionary, appoints, or executes a commanding power of appointment of a CJN, and not as an official who makes an obligatory or automatic appointment of any person recommended to him by the NJC, then we come to a parting of the way.
    In disagreeing with his fellow Senior Advocate of Nigeria, Chief Wole Olanipekun, Prof. Sagay said, among other things, that the President is not “a cipher or a robot, who has to pass on a nomination coming from the NJC to the Senate without discretion, input or without the right of rejecting such an appointment and calling on the NJC to send other nominations” (italics mine). “The truth of the matter,” the Prof. further added, “is that the President can turn down the recommendation of the NJC and request that another name be recommended,” the President not being a rubber stamp.
    With the profoundest respect, I strongly disagree with the learned professor in all his arguments. As far as the 1999 Constitution is concerned, the provisions of s. 231 thereof make the President a “robot”, a “cipher” and a “rubber stamp” in the appointment of a CJN. He cannot turn down the nomination decided on by the Federal Judicial Commission (FJC) and sent, after due consideration by the NJC, to the President for action only. If the Prof. insists that this is not so, he should show Nigerians which portion of the 1999 Constitution provides for such executive powers, or show how any of the known canons of statutory interpretation enabled him to construe s.231 as giving the President such powers of rejection of FJC/NJC’s recommendation and request for another one, or a canon of construction which grants the professor a poetic licence to smuggle an idea that is foreign to the Constitution into it!
    Section 231 (1) of the Constitution provides that the “appointment of a person to the office of the Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation by the Senate” (underscore mine). And where the office of the CJN is vacant, the President MUST, under the provisions of subsection (4) of s. 231 of the Constitution, appoint the most senior Justice of the Supreme Court as acting CJN. He cannot, by reason of that subsection, exercise any discretionary power in favour of any other legal officer in or outside the Supreme Court. When applied to a public functionary, discretion means a power or right conferred upon him/her by law to act officially in certain circumstances, according to the dictates of his/her own judgment and conscience, uncontrolled by the judgment or conscience of others. The 1999 Constitution grants no such discretion to the President. For proof, whereas s.211 (1) of the 1979 Constitution provided that “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President in his discretion subject to confirmation of such appointment by a simple majority of the Senate”, the sagacious draftsmen of the 1999 Constitution rightly expunged the word discretion from subsection (1) of s.231 when they realized that the doctrine of separation of powers is enshrined in sections 4, 5 and 6 of the Constitution, which presumes that the appointment of the CJN should not be the sole prerogative of either the executive or the legislature. Or which constitution are we talking about, 1979 or 1999? As the learned SAN knows very well, the popular Latin maxim, “leges posteriores priores contrarias abrogant” (later laws abrogate prior laws that are contrary to them) continues to be valid!
    According to the late learned, piquant-witted Professor of Law, Jadesola Akande, in her seminal book Introduction to the Nigerian Constitution, “there is a provision for the appointment of an acting Chief Justice in the absence of the substantive office holder for any reason. Although it is provided that the President does the appointment, in practice, this is a mere formality because the Supreme Court Justice next in order of seniority acts as Chief Justice.”
    Quite clearly, there is no zone of twilight between the President and the NJC in which both the former and the latter have equal rights in the appointment of a CJN. Unlike s.147 of the 1999 Constitution which empowers the President to APPOINT his ministers according to his own judgment and conscience but subject to confirmation of such ministers by the Senate, s.231 on the appointment of a CJN (head of the third arm of government) confers no such powers on the President. The President cannot, for example, appoint any person other than the most senior Justice of the Supreme Court as acting or substantive CJN as was done when His Excellency Judge Taslim Olawale Elias or Sir Darnley Alexander was appointed CJN from outside the Judiciary.
    I posit, with respect, that subsections (1) and (4) of section 231 of the 1999 Constitution (as amended), in contradistinction to subsection (1) of section 211 of the 1979 Constitution forcefully prevent the President from exercising any discretionary power over any recommendation of a successor CJN that may be made to him by the NJC. Nobody should goad this President, already characterized by imperious tendencies, into full-blown tyranny or to assume powers that are alien to our written constitution through the instrumentality of legal misconstructions.

  • CJN: Waiting on Buhari

    CJN: Waiting on Buhari

    The three-month tenure of Acting Chief Justice of Nigeria (CJN) Walter Onnoghen expires on Friday. Will President Muhammadu Buhari confirm him or appoint another person to the top job? The issue has virtually divided the country, with some playing the ethnic card. Onnoghen, they say, is the first to become CJN from the Southsouth in 30 years and so should not be passed over since he is the most senior Justice of the Supreme Court (JSC). The National Judicial Council (NJC) has recommended him for appointment. Where will the pendulum swing? ROBERT EGBE sought lawyers’ views on the matter. 

    Last November 10, President Muhammadu Buhari named Justice Walter Onnoghen as Acting Chief Justice of Nigeria (CJN).

    Being the most senior Justice of the Supreme Court (JSC), he was next in line of the hierarchy to occupy the exalted seat. The National Judicial Council (NJC), in line with tradition, recommended him for the job.

    NJC recommended Onnoghen, 67, for the post in accordance with Section 231 of the 1999 Constitution (as amended) following the retirement of CJN Mahmoud Mohammed at the statutory age of 70.

    Three days to the expiration of his acting appointment, the President has not sent Onnoghen’s name to the Senate for confirmation, provoking heated debate on his fate.

     

    What the law says

     

    The constitution is unambigous on the appointment of the CJN.

    Section 231(1): “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

    (2) “The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

    (3) “A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than 15 years.

    (4) “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 has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

    (5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (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 re-appoint a person whose appointment has lapsed.

    The case for Onnoghen’s confirmation

     

    Some lawyers have argued that Onnoghen should be confirmed.

     

    ‘Constitution silent on acting CJN’

    Former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN), argued that the Constitution does not provide for acting CJN, thus, President Buhari should have forwarded Onnoghen’s name to the Senate.

    He added: “With very much respect, it is submitted that in the face of a definitive recommendation by the NJC to Mr. President for the appointment of a particular Justice as the Chief Justice of Nigeria, Mr. President cannot fall back on the provision of Section 231(4) to appoint that same Justice as the acting Chief Justice of Nigeria.

    “With every sense of responsibility, Section 231(4) will come into play if, for example, after the receipt of the NJC’s recommendation, the President has forwarded the name of the Hon. Justice Onnoghen to the Senate, and as at November 10, 2016, when the last holder of the office of Chief Justice of Nigeria retired, the Senate had not reverted to the President, confirming the appointment or deciding otherwise. Then, there would have been an interregnum.”

    Olanipekun submitted further that if the nominee of the NJC was considered “not fit and proper” to be appointed as CJN under Section 231(1), it raises the question why he was appointed as an acting CJN under 231(4).

    He said: “This leads us to the inevitable consideration of Section 231(5) of the Constitution. By virtue of Section 231(5), appointment made under Section 231(4) shall cease to have effect after the expiration of three months from the date of such appointment, except on the recommendation of the NJC.

    “It has earlier been submitted that having made its recommendation under Section 231(1) and forwarded same to Mr. President, the NJC has become constitutionally functus officio.”

    Olanipekun noted that the President has not given the NJC “any scintilla of reason or excuse as to why the name of the person recommended by it under Section 231(1) has not been forwarded for confirmation.

    “To the best of my knowledge as well, Mr. President has not expressed any reservation or communicated such to the NJC about the recommended candidate. Why then the suspense?”

     

    ‘President can’t alter NJC’s CJN recommendation’

    Asiwaju Adegboyega Awomolo (SAN) in a January 24 letter to the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), anchored his argument for Onnoghen’s confirmation on a tripod of constitutional history, case law and common sense.

    He stated that unlike Section 211 of the 1979 Constitution which gives the President discretion over who to appoint as CJN, Section 231 of the 1999 Constitution, read together with paragraph 21(1) of its First Schedule, tied the President’s power of appointment to the NJC’s choice.

    Awomolo said: “The makers of the (1999) Constitution were not comfortable with the power and discretion conferred on the President, suspecting possibility of abuse and political consideration hence the provision of the 1999 Constitution created NJC as the technical institution responsible for appointment and discipline of Judicial officers.

    “The President, with respect, after recommendation of the NJC, has no executive function in the determination of who to appoint as the Chief Justice outside the recommendation of the National Judicial Council. He is not to screen, interview, subject to administrative or executive scrutiny. The President is ceremonially required to pass the recommendation of the National Judicial Council for confirmation by the Senate of the Federal Republic of Nigeria any person recommended to him.”

    “The Supreme Court in the case of Elelu Habeeb vs A. G. Federation and others held that the Chief Executive Officer of the State or the Federation has no absolute powers in the appointment of a Judicial Officer. The decision emphasised the word “recommendation” as opposed to “discretion and advice.”

    He said this had removed doubts as to the “non existence of executive function in the determination of the eligibility for appointment of the Chief Justice of Nigeria.”

    Awomolo argued further that the NJC and not the President is equipped with personnel, resources and power to assess the health, qualification and suitability of a candidate to be recommended to occupy the office of the CJN.

    He said: “The Constitution does not allocate any executive functions to the President and the President cannot appropriate or share the Constitutional function of the NJC. With respect, the President cannot substitute his opinion for the NJC or the Senate. He performs, from the history of the Judiciary, a ceremonial role of appointing authority subject to the confirmation of the Senate.”

     

    The ethnic/regional argument

    Second Vice President of the Nigerian Bar Association (NBA) Mr. Monday Ubani observed that since Sir Adetokunbo Ademola became the first indigenous CJN in 1958, the northern region of the country had enjoyed more appointments into the office.

    Although Ubani conceded that the appointments had been made on merit, he argued that confirming Onnoghen as CJN would give the South, particularly the South- south region, a sense of belonging.

    The records show that from 1958 to 1987, the southern region, produced five CJNs who were in office for 25 years consecutively, while the North for 29 years, from 1987 to 2016, produced eight occupants of the office.

    Onnoghen is from the Southsouth sub region and the next in rank to him is Justice Ibrahim Tanko Muhammad from Bauchi State.

    Ubani observed that if Onnoghen is not confirmed and the President appoints another CJN in accordance with the NJC’s established procedure of appointing the next most senior JSC to the office, it might be a while before a southerner could occupy that office.

    He said: “For 29 years, the CJN emerged from a particular region. It was all on merit, nobody had an issue with it. It eventually came to the point of a southerner producing the CJN and for the first time you now put him in an incapacity that raises eyebrows. Why? After the National Judicial Council has even gone ahead and cleared him and all that.

    “Onnoghen met all the criteria, in fact, he passed a rigorous process more than any other CJN.”

    He stated that no matter how altruistic the President’s intentions are, meanings would be read if he failed to confirm Onnoghen.

     

    The legal challenge

    Rights activist Ebun-Olu Adegboruwa, on January 31, filed a suit at the Federal High Court in Lagos challenging the President’s non-confirmation of Onnoghen.

    He argued, among others, that it amounted to a compulsory retirement of Justice Onnoghen “in a manner that is inconsistent with the due process of law and is therefore unconstitutional, illegal, null and void.”

    Adegboruwa asked the court to declare that since the 1999 Constitution came into force, the President has no discretion in the choice of candidates to occupy the office of the Chief Justice of Nigeria, other than the person selected and recommended to him by the NJC.

    He also asked the court, among others, to declare that the President and the Senate are not entitled in law to appoint any other person as CJN other than Justice Onnoghen and that the refusal to do so “is unlawful, invalid, illegal and improper.”

     

    Alternative views

     

    Not everyone believes President Buhari is bound to accept the NJC’s recommendation or that the position of acting CJN is unconstitutional.

     

    ‘President, Senate not bound by NJC’s choice’

    Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof Itse (SAN), believes the President can pass on the name of the NJC’s CJN nominee to the Senate for confirmation, if he is satisfied with the nomination.

    He argued that the President or Senate could turn down the NJC’s recommendation “and request that another name be recommended. The President is not a rubber stamp of the NJC recommendations, nor a robot for the conveyance of recommendations from the NJC to the Senate.

    “This is where the President’s power to appoint an acting CJN becomes important. By Section 231(4) of the Constitution, the president has the power to appoint the most senior Justice of the Supreme Court in an acting capacity until a substantive Chief Justice is appointed.

    “But such an appointment lapses after three months and the president cannot re-appoint the same person as acting CJN unless he receives a recommendation to that effect from the NJC. Therefore, since at the time the acting appointment of Hon. Justice Onnoghen was made, the office of the then Chief Justice of Nigeria was vacant, that appointment was validly made.”

    Sagay also criticised the ‘turn by turn’ ‘inbreeding’ system of appointing the CJN “whereby a person is appointed judge of the High Court and after marking time as a good boy or girl, he is appointed to the Court of Appeal and after marking further time as a good boy or girl at the Court of Appeal, he is elevated to the Supreme Court.

    “So, it has been a turn-by-turn syndrome. Today, once you arrive at the Supreme Court, if there is no younger man amongst those already appointed before you, you can calculate to the exact second when you are going to be the CJN.”

    He said the current system was devoid of merit, achievement and quality of the character of the appointees and likened it  to an automated system of riding on the judicial escalator from High Court Judge to the Supreme Court and then to  CJN.

    “With the above background of in-breeding, absence of merit and later corruption, would it be responsible for the president to automatically, in a robot-like manner, transmit every name received from the NJC to the Senate? The answer is a solid No.

    “This is where appointment as acting Chief Justice is important. It gives the president the opportunity of studying the appointee for CJN for a period of three months in order to determine for himself whether the recommendation was justified.

    “This load has fallen on the President because of the failure of the NJC to exercise due diligence in the past when making recommendations to the President. From my own perspective, without any privileged information, I believe that this is the process ongoing right now,” Sagay added.

     

    ‘Acting CJN not unconstitutional’

    According to Chief Gani Adetola-Kaseem (SAN), the appointment of Walter Onnoghen as the acting Chief Justice of Nigeria (CJN) did not contravene the Constitution.

    He was of the view that under Section 231(4) and (5) of theConstitution, Onnoghen may legally carry out the functions of the CJN in an acting capacity until February 10, when his three-month stint would end.

    Adetola-Kaseem said: “To appoint somebody, the language in Sections 231(4) and (5) is very clear. Although the statute doesn’t use the word ‘acting’ appointment, it states that somebody is appointed to perform the duties of an office which he is not holding substantively. This means that he is to act in that office for three months. After three months, the president cannot reappoint him to perform the functions of that office unless with the approval of the National Judicial Council.

    “I know what is causing ripples in the system is that the gentleman who is performing the duties of the CJN has been doing so for over two months, and by February 10, he would have been there for three months, and unless and until somebody is appointed, there might be a vacuum at the end of the first three months.”

     

    Onnoghen calls for caution

     

    Last Friday, the man in the eye of the storm dissociated himself and his office from the ultimatum handed President Muhammadu Buhari to recommend him to the Senate for confirmation.

    Justice Onnoghen, in a statement titled: “Appointment of CJN: A plea for caution”, called on all to allow the President a free hand to do his job.

    He said: “Honourable Justice Onnoghen believes the President does not need any threat or ultimatum to perform his constitutional duties and therefore dissociates himself from those individuals and groups making such demands on the President.

    “The Acting Chief Justice therefore appeals for caution on the issue of the appointment of Chief Justice of Nigeria as Mr President goes about his constitutional duties, especially considering the fact that the given time for him to act as Chief Justice of Nigeria has not expired.”

     

    Long-term solution

     

    Professor Sagay suggested several recommendations to the NJC which he said could improve the quality of appointments to the Supreme Court.

    He urged it to “inject fresh blood into our judicial system by appointing qualified lawyers from outside the Bench straight to the Court of Appeal and the Supreme Court.

    “In this regard, senior law academics in our universities and senior renowned legal practitioners of integrity and acclaimed knowledge and skill in law should be an additional source to the appointment of appellate Judges, even as CJN, directly.

    “An appointee to the position of Chief Justice need not be the most Senior Justices of the Supreme Court. We must take into consideration the reputation, the integrity, the skill, productivity, established reputation of the candidate before appointing him to the position of CJN.”

    He argued that it was unhealthy to the judicial system and the performance and integrity of the Supreme Court to continue with the present system.

    Kunle Ogunba, SAN, shared similar sentiments with Sagay on the establishment of an appraisal system in determining who is to be appointed CJN, rather than making it a matter of seniority.

    Ogunba reasoned that in so doing, the best brain in the Supreme Court would be appointed CJN instead of the most senior.

    He said: “They can put a template to say if you want to go higher within your career, this is what you should do. They do it in other professions. They have performance appraisal on a dispassionate level. We know that in the judiciary, there are bad eggs and some are not optimally performing. Some are not intellectually sound.”

    Ogunba was, however, opposed to the appointment of someone from outside the Bench as a CJN.

    He said it would kill the morale of justices of the Court of Appeal and Supreme Court who had been aspiring either for elevation, or hoping to attain the position of CJN.

  • Onnoghen gets nod to be CJN

    Onnoghen gets nod to be CJN

    •Presidency to submit name

    Those pushing for Acting Chief Justice of Nigeria (CJN) Walter Onnoghen’s confirmation are likely to carry the day.

    He has been cleared of all allegations impeding his appointment as the head of the nation’s Judiciary.

    The Presidency may send his name to the Senate for confirmation “any moment from now”, The Nation learnt yesterday.

    The nomination may either be sent by President Muhammadu Buhari or Vice President Yemi Osinbajo, depending on when the President’s vacation ends. He has asked for an extension.

    A security report on Justice Onnoghen is said to have been centred on “the fact that he is reform-minded and suitable for the anti-corruption agenda of the Buhari administration”.

    The Presidency is believed to have received the report.

    A government source said: “All hurdles against the nomination of Justice Walter Onnoghen as CJN have been resolved. He has been absolved of all allegations against him.

    “As a matter of fact, the nomination was delayed as a result of the need to address these allegations. Now, Justice Onnoghen has been given a clean bill of health.

    “Every allegation was investigated and proofs indicated that Onnoghen has no case to answer. The government went to this extent to ensure that the holder of the office of CJN is above board.”

    The source dismissed the insinuations that the delay in nominating Justice Onnoghen had to do with his being a Southerner.

    “There were issues against him and it became imperative to get to the roots of these allegations,” he said, adding: “More importantly, the outcome of the security checks rated Onnoghen as ‘reform-minded and suitable for anti-corruption agenda of Buhari administration’.

    Justice  Onnoghen’s appointment as Acting CJN will end on February 10.

    Justice Onnoghen underwent security checks by the Department of State Services (DSS) and other agencies in the light of the ongoing probe of some judges of the Supreme Court.

    Some of the checks focused on:

    • Justice Onnoghen’s antecedent as a lawyer.
    • What the 1994 Justice Kayode Eso (JSC) panel said on Onnoghen
    • How NJC Review Committee of 1999 on the Eso Panel’s report, headed by Justice Bola Babalakin(JSC), addressed issues against Justice Onnoghen
    • Outcome of recent investigation of bribery allegations against some Supreme Court Justices  by the DSS
    • Recommendations of the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC) on Onnoghen.

    Another government source added: “These agencies sent independent  confidential assessment to the President on the credibility and competence of Justice Onnoghen.

    “Some  of the allegations bordered on observations  made on Onnoghen  in 1994 by a Judicial Reform Panel which was headed by late Justice Kayose Eso (JSC).

    “The panel, which was raised by the late Head of State, Gen. Sani Abacha, indicted 47 judges and recommended their dismissal or retirement from the bench.

    “Members of the National Judicial Council (NJC) however rose in favour of Justice Onnoghen by producing evidence that Justice Bola Babalakin Review Panel, set up ex-President Olusegun Obasanjo, cleared Justice Onnoghen in 1999.

    “They said it was on the basis of the clean bill of health that the NJC strongly recommended the confirmation of Onnoghen as the Chief Justice of Nigeria.”

    The source also said further checks revealed that Justice Onnoghen had been incorruptible.

    The source added: “Onnoghen was also rated as a conscientious judge and one of the three justices who wrote dissenting judgement on the 2007 Presidential Election in favour of the then candidate of the then All Nigeria Peoples Party (ANPP), Gen. Muhammadu Buhari.

    “The other judges were Justice Oguntade and ex-CJN Mariam Aloma Mukhtar.

    The tenure of the immediate past  CJN, Justice Mahmud Mohammed, ended on November 10.

    Both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC)  recommended Justice Onnoghen to President Muhammadu Buhari as the Chief Justice of Nigeria (CJN).

    But the President appointed Justice Onnoghen as Acting CJN, a development which drew much criticism.

    The appointment of CJN is always in accordance with Section 231 of the 1999 Constitution, but subject to confirmation by the Senate.

    The section says: “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to the confirmation of such appointment by the Senate.

    “A person shall not  be qualified to hold the office of CJN or of a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than 15 years.

    “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, appointment pursuant to the provisions of subsection(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.”

  • Appointment to the office of CJN

    Appointment to the office of CJN

    There is no let-up in the controversy trailing  the appointment of Justice Samuel Onnoghen as Acting Chief Justice of Nigeria (CJN) by President Muhammadu Buhari. Not a few stakeholders in the judiciary, including one-time Nigerian Bar Association (NBA) Wole Olanipekun, SAN, have joined the discourse after the National Judicial Council (NJC) recommendation. The latest entrant, Prof ITSE SAGAY, SAN, disagrees with Olanipekun’s view on the matter. The Presidential Advisory Committee Against Corruption (PACAC) believes there is no law barring the President from turning down the NJC recommendation

    THERE has been much frenzy, furor and hysteria over the appointment of the Hon Justice Walter Samuel Nkanu Onnoghen as Acting Chief Justice of Nigeria (CJN), rather than the substantive CJN. The debate has taken every dimension possible, including accusing the Federal Government of trying to suppress the right of one part of the country in favour of another. This debate has generated a lot of heat, acrimony and self-generated anger without generating a single ray of light. I have therefore decided to intervene in the debate as lawyer and as someone who is an occasional beneficiary of informal sources of information.
    The appointment of the CJN is provided for in Section 231 of the Constitution. Basically, it provides that the President is the appointor. But for him to appoint, he must receive a recommendation from the National Judicial Council (NJC) after which he forwards the name of the appointee to Senate for confirmation. Thus, under normal circumstances, when he receives the recommendation of the NJC, he should, if he is satisfied with the nomination, pass on the name of the nominee to Senate for confirmation. Once Senate confirms the appointment, the nominee becomes the CJN after he has been sworn into office by the President.
    I pause here to disagree with Chief Wole Olanipekun, SAN, who in his two-piece article in the Vanguard, gave the impression that the President is either a cipher or a robot, who has to pass on a nomination coming from the NJC to the Senate without discretion, input or without the right of rejecting such an appointment and calling on the NJC to send other nominations. The truth of the matter is that both, in particular, can turn down the recommendation of the NJC and request that another name be recommended. The President is not a rubber stamp of the NJC recommendations, nor a robot for the conveyance of recommendations from the NJC to the Senate.
    This is where the President’s power to appoint an Acting CJN becomes important. By Section 231(4) of the Constitution, the President has the power to appoint the most senior Justice of the Supreme Court in an acting capacity until a substantive Chief Justice is appointed. But such an appointment lapses after three months and the President cannot re-appoint the same person as acting CJN unless he receives a recommendation to that effect from the NJC. Therefore, since at the time the acting appointment of Hon. Justice Onnoghen was made, the office of the then Chief Justice of Nigeria was vacant, that appointment was validly made.
    There has been extreme agitation and frenzy over the failure of the President to send Hon. Justice Onnoghen’s name for confirmation, literally within seconds of receiving the NJC’s recommendation. These agitations have exhibited either ignorance, bad faith, or down-right primordial motives. The crossroads at which we find ourselves today is entirely of the making of the NJC and the legal profession as a whole. Since the appointment of the Attorney-General, the Hon. Justice Taslim Elias in 1973, and the appointment of the Hon. Justice Augustine Nnamani, also Attorney-General a few years later, straight to the Supreme Court from outside the judiciary, all that has been happening in this country is in-breeding within the judiciary, whereby a person is appointed Judge of the High Court and after marking time as a good boy or girl, he is appointed to the Court of Appeal and after marking further time as a good boy or girl at the Court of Appeal, he is elevated to the Supreme Court. So, it has been a turn by turn syndrome. Today, once you arrive at the Supreme Court, if there is no younger man amongst those already appointed before you, you can calculate to the exact second when you are going to be the CJN.
    So, the system is devoid of the merit, achievement and quality of the character of the appointees. It’s all automation as you ride on the judicial escalator from High Court Judge to the Supreme Court and then the position of the CJN.
    Another major calamity that has hit the judicial system is the dawn of corruption right up to the Supreme Court. Only a person, who has no love for this country will forget how the Supreme Court was almost abased by the stink of corruption after the 2007 elections that brought the late Yar’Adua to power. To give an example, the ballot papers that were used by the INEC (Independent National Electoral Commission) were not bound in booklets, nor were they numbered serially, but were nevertheless used for the presidential election. Unfortunately, four out of the seven Justices upheld that election, in effect, sanctioning an election in which it was impossible to distinguish between valid and invalid ballot papers and to follow any paper trail of ballot papers to their original destinations. I am pleased to say that Hon. Justice Onnoghen, Justice of the Supreme Court (JSC), was one of the three Justices who nullified that election because of the use of the invalid ballot papers. The other two Judges were the Hon. Justice Michael Oguntade, JSC, and Hon. Justice Mariam Mukhtar. This is what the Hon. Justice Onnoghen said in nullifying the election that brought the Yar A’dua to power.
    “You cannot conduct an election properly so-called without valid ballot papers. By holding that there was substantial non-compliance with section 45(2) supra it tantamounts to holding that the election that was conducted on the 21st day of April, 2007 was done without valid ballot papers which to me, with the greatest respect, amounts to a nullity. The situation being as found by the lower court it follows that there was no election known to law the result of which could have been substantially affected by the non-compliance as the non-compliance in this case is of the nature that invalidated the election. To hold otherwise amounts to giving licence to those who conduct our elections to continue to do whatever they like including creating loopholes for the rigging of our elections thereby continuing to deny our electoral process the credibility it deserves in the community of democratic nations. How is one to know which ballot papers were sent to Sokoto, Katsina, Ebonyi, etc. when the ballot papers were not in booklet form and numbered serially? Even within the particular state where the ballot papers are sent for election, how do we know if ballot papers meant for one local government area or ward are not diverted and used in another or even not used at all but stuffed into the ballot boxes and counted as votes. How can we determine a genuine ballot paper from a fake one when we agree that any paper can pass for a ballot paper and be used in an election and assume that such an action of non-compliance does not affect the result of the ‘election’?” (Buhari v. INEC; Yar’ Adua & Ors [2009] 7 WRN, 1 at pp. 275-6).
    With the above background of in-breeding, absence of merit and later corruption, would it be responsible for the President to automatically, in a robot-like manner, transmit every name received from the NJC to the Senate? The answer is a solid No. This is where appointment as Acting Chief Justice is important. It gives the President the opportunity of studying the appointee for CJN for a period of three months in order to determine for himself whether the recommendation was justified. This load has fallen on the President because of the failure of the NJC to exercise due diligence in the past when making recommendations to the President. From my own perspective, without any privileged information, I believe that this is the process ongoing right now.
    The lack of due diligence on the part of the NJC allowed at least two Justices of the Supreme Court to slip through the net of judicial vetting to become the CJN. And that became a permanent embarrassment to the Judiciary and Nigeria as a whole. Up till today, one of them calling himself consultant, regularly carries money to his former colleagues, still serving in the judiciary, to buy justice for his Law Chamber clients. The other one specialises in dollars and distributing it amongst vulnerable colleagues. These are the types of Justices who have brought ruin to the judiciary, making it necessary for close vetting of candidates for CJN at the presidential level.
    In concluding this intervention, I wish to make the following recommendations to the NJC in other to improve the quality of appointments to the Supreme Court. They are:
    • There is need to inject fresh blood into our judicial system by appointing qualified lawyers from outside the bench straight to the Court of Appeal and the Supreme Court. In this regard, senior law academics in our universities and senior renowned legal practitioners of integrity and acclaimed knowledge and skill in law should be an additional source to the appointment of appellate Judges, even as CJN, directly.
    • An appointee to the position of Chief Justice need not be the most Senior Justices of the Supreme Court. We must take into consideration the reputation, the integrity, the skill, productivity, established reputation of the candidate before appointing him to the position of CJN. It is unhealthy to the judicial system and the performance and integrity of the Supreme Court to continue with the present system in which a recently appointed Justice of the Supreme Court could calculate the date in which he is going to become the Chief Justice of Nigeria based on the ages of those above him in the hierarchy.
    I therefore appeal that our notoriously loquacious and unrestrained compatriots should desist from further hysteria to allow the acting CJN to earn his position on his own merit rather than create a frenzy and furor which can result in the very opposite of what they are loudly agitating for.

    Cross River senators, reps push for Onnogen’s confirmation as CJN

    MEMBERS of the Cross River State National Assembly caucus yesterday urged President Muhammadu Buhari to forward the name of Acting Chief Justice of Nigeria (CJN) Justice Samuel Walter Onnoghen to the Senate for confirmation as the substantive.
    They predicated their push on the growing sentiment that Justice Onnoghen’s deserved elevation was being held in abeyance for being Southsouth indigene and not from a region preferred by “powerful forces”.
    According to the caucus, the feeling in some quarters was that the non-transmission of Onnoghen’s name to the Senate for confirmation may have been because of his profound and radical judicial pronouncements.
    Exercising its powers under Section 231 (1) of the 1999 Constitution (as amended), the National Judicial Council (NJC), on October 13, last year, recommended Justice Samuel Walter Onnoghen as CJN to the President.
    But, a month after the NJC recommendation, the Supreme Court Justice (SCJ) was appointed and sworn in as Acting CJN by the President.
    Caucus Leader Senator John Owan Enoh, told a news conference in Abuja that exactly two months and 15 days, the President has not forwarded Justice Onnoghen’s name to the Senate for confirmation as required by Section 231(1) of the 1999 Constitution (as amended)
    The Cross River Central senator noted that members of the caucus decided to speak with one voice and insist that “justice be done on the appointment of Hon. Justice S.W. Onnoghen as Chief Justice of Nigeria.”
    Enoh lamented that the non-transmittal of Onnoghen’s name as the CJN has cast a pall of uncertainty on the judiciary, leaving in its wake, a huge shadow and question on the capacity of the hallowed temple of justice to deliver justice in the overall interest of the country and its citizens.
    He noted that in approaching the issue, they were minded by the critical role allotted to them as public office holders and representatives of their people to speak in defence of “truth, equity and justice.”
    The senator said: “You may recall that the National Judicial Council in exercise of its powers under Section 231 (1) of the 1999 Constitution (as amended), on October 13, 2016 recommended Hon. Justice Samuel Walter Onnoghen as Hon. Chief Justice of Nigeria to the President, President MuhammaduBuhari .
    “The tenure of the former Chief Justice of Nigeria, Hon. Justice Mahmud Muhammed had elapsed and the president appointed and swore in Hon. Justice Samuel Walter Onnoghen as Acting Chief Justice of Nigeria on November 10, 2016.
    “Exactly two months, and fifteen days, the presidency has delayed and withheld to forward his name to the senate for confirmation as Chief Justice of Nigeria as required by Section 231 (1) of the 1999 Constitution as amended.
    “We are worried by this development for obvious reasons. As a hallowed institution, the judiciary is the bastion of our democracy and should be insulated from undue influence, politics and manipulation of political predators.
    “It operates on an established tradition of a settled succession based on merit, and seniority. This established order and convention has imbued it with a measure of stability and positioned it to play the critical role of dispensing justice immune to undue influence of powerful vested interests.
    “Before now, the convention is for the president to forward the name of a candidate so recommended to him by the National Judicial Council in exercise of its powers and responsibility.
    “Pursuant to its mandate, what is required from the presidency in this case is a decisive action of simply transmitting the name of Justice Samuel Walter Onnoghen to the senate for confirmation which unfortunately has not happened.
    “This unfortunate development has enveloped the Supreme Court and Judiciary with an intriguing cobweb of uncertainty and given conspiracy theorists a field day to decode why this obvious travesty has endured up till now.
    “There is a growing sentiment in certain quarters that Justice Onnoghen’s earned elevation to the rank of Chief Justice of Nigeria is held in abeyance precisely because he is either not from a particular ethnic origin preferred by powerful forces or his profound and at times radical judicial pronouncements make him too principled to occupy this exalted office.
    “The president’s inaction in this instance has acted as a cannon fodder for those alluding to a vast conspiracy to deny Justice Onnoghen his earned position.
    “As political leaders, we should collectively resolve to build a just and fair society devoid of ethnic cleavages; a society where hard work and integrity are rewarded and not repudiated.
    “As leaders, we should work towards the inauguration of a just order in which the East meets the North, South and West and together in confidence, united by a common and shared destiny and mutual respect, we confront the future together.
    “We call on the presidency to act in a decisive manner to reassure Nigerians that we are all equal and that if we are able to harness our God given talents, that we can aspire to the highest position in our nation unencumbered by primordial forces. Justice Samuel Walter Onnoghen is eminently qualified to occupy the position of Chief Justice of Nigeria.
    “He earned it through decades of hard work, profound postulations and untainted integrity. He has been part of a stable reward system in the judiciary in which order of rank is recognized and hard work rewarded.
    “In his years serving in the temple of justice, he has witnessed men and women who served with honour and distinction elevated to the highest judicial office in our clime.
    “Having worked with distinction in the temple of justice, we believe like majority of our constituents, and Nigerians, that he deserves elevation as Chief Justice of Nigeria. His case cannot be different.
    “We therefore call on the president to act in a clear and decisive manner now by transmitting without further delay, the name of Justice Samuel Walter Onnoghen to the Senate for confirmation as Hon. Chief Justice of Nigeria as recommended by the National Judicial Council.
    “This will bring to an end the swirling speculations of vendetta against the revered justice and restore confidence in our judiciary. Any action contrary to this will convey and validate growing sentiments of vendetta.
    “For the avoidance of doubt, in exercising its constitutional powers in this instance, the National Judicial Council was transparent and followed laid down procedures and processes.
    “By appointing Hon. Justice Samuel Walter Onnoghen as Acting ChiefJustice of Nigeria, the president has foreclosed any insinuation as to incompetence or any disabling factor for him to be made Hon. Chief Justice of Nigeria.
    “Under these circumstances, the continuous delay of the president to forward the name of Hon. Justice Samuel Walter Onnoghen to the Senate for confirmation without any lawful and constitutional cause has brought the issue of the independence of the judiciary and security of tenure of judges to doubt and public discourse.
    “It has opened the floodgate of political and social insinuations and entrenched the perception of ethno-regional prejudice and politicization of the judiciary. This is most unfortunate.
    “On our part, we will continue to work for and desire a united, peaceful and progressive Nigeria in which all men are exposed to equal opportunities, a nation in which all men irrespective of their religion and ethnic origin are equal and given the opportunity to live to the fullest, their God given talents.
    “Let all of us in our different capacities make collective resolve to strengthen the foundation upon which this great nation is built. This, we believe, is our future and pathway to renewal, greatness and prosperity.”
    Members of caucus who demanded for Onnoghen’s confirmation are: senators Rose Okoji Oko and Gershom Bassey as well as House of Representatives members Essien Ayi, Bassey Eko Ewah, Dan Asuquo, Etta Mbora, Jarigbe Agom Jarigbe, Lego ldagbo, Chris Agibe and Mike Etaba.

  • Senators, Reps to Buhari: Forward Onnoghen’s name for confirmation as CJN

    Senators, Reps to Buhari: Forward Onnoghen’s name for confirmation as CJN

    The Cross River State National Assembly caucus Tuesday asked President Muhammadu Buhari to forward the name of Acting Chief Justice of Nigeria, Justice Samuel Walter Onnoghen to the Senate for confirmation as substantive CJN.

    The caucus said that the growing sentiment is that Justice Onnoghen’s earned elevation to the rank of CJN is held in abeyance because he is not from a particular ethnic origin preferred by “powerful forces” in the country.

    It said that the feeling in some quarters is also that non transmission of Onnoghen’s name to the Senate for confirmation may have been because of his profound and at times radical judicial pronouncements.

    The National Judicial Council (NJC) in the exercise of its powers under Section 231 (1) of the 1999 Constitution (as amended), on October 13, 2016 recommended Hon. Justice Samuel Walter Onnoghen as CJN to the President.

    President Buhari appointed and swore in Justice Onnoghen as Acting CJN on November 13, 2016.

    Leader of the caucus, Senator John Owan Enoh, who spoke at a press briefing in Abuja noted that  exactly two months and 15 days, the President has delayed and withheld to forward Justice Onnoghen’s name to the Senate for confirmation as CJN as required by Section 231(1) OF THE 1999 Constitution (as amended)

    The Cross River Central lawmaker noted that they decided to speak with one voice and to insist that “Justice be done on the appointment of Hon. Justice S.W. Onnoghen as Chief Justice of Nigeria.”

    Senator Enoh lamented that the non-transmittal of the name of Justice Onnoghen as the CJN has cast a pall of uncertainty on the judiciary, leaving in its wake, a huge shadow and question on the capacity of the hallowed temple of justice to deliver justice in the overall interest of the country and its citizens.

    He noted that in approaching the issue, they were minded by the critical role allotted to them as public office holders and representatives of their people to speak in defence of “truth, equity and justice.”

    Enoh said, “You may recall that the National Judicial Council in exercise of its powers under Section 231 (1) of the 1999 Constitution (as amended), on October 13, 2016 recommended Hon. Justice Samuel Walter Onnoghen as Hon. Chief Justice of Nigeria to the President, President Muhammadu Buhari .

    “The tenure of the former Chief Justice of Nigeria, Hon. Justice Mahmud Muhammed had elapsed and the president appointed and swore in Hon. Justice Samuel Walter Onnoghen as Acting Chief Justice of Nigeria on November 10, 2016.

    “Exactly two months, and fifteen days, the presidency has delayed and withheld to forward his name to the senate for confirmation as Chief Justice of Nigeria as required by Section 231 (1) of the 1999 Constitution as amended.

    “We are worried by this development for obvious reasons. As a hallowed institution, the judiciary is the bastion of our democracy and should be insulated from undue influence, politics and manipulation of political predators.

    “It operates on an established tradition of a settled succession based on merit, and seniority. This established order and convention has imbued it with a measure of stability and positioned it to play the critical role of dispensing justice immune to undue influence of powerful vested interests.

    “Before now, the convention is for the president to forward the name of a candidate so recommended to him by the National Judicial Council in exercise of its powers and responsibility.

    “Pursuant to its mandate, what is required from the presidency in this case is a decisive action of simply transmitting the name of Justice Samuel Walter Onnoghen to the senate for confirmation which unfortunately has not happened.

    “This unfortunate development has enveloped the Supreme Court and Judiciary with an intriguing cobweb of uncertainty and given conspiracy theorists a field day to decode why this obvious travesty has endured up till now..

    “There is a growing sentiment in certain quarters that Justice Onnoghen’s earned elevation to the rank of Chief Justice of Nigeria is held in abeyance precisely because he is either not from a particular ethnic origin preferred by powerful forces or his profound and at times radical judicial pronouncements make him too principled to occupy this exalted office.

    “The president’s inaction in this instance has acted as a cannon fodder for those alluding to a vast conspiracy to deny Justice Onnoghen his earned position.

    “As political leaders, we should collectively resolve to build a just and fair society devoid of ethnic cleavages; a society where hard work and integrity are rewarded and not repudiated.

    “As leaders, we should work towards the inauguration of a just order in which the East meets the North, South and West and together in confidence, united by a common and shared destiny and mutual respect, we confront the future together.

    “We call on the presidency to act in a decisive manner to reassure Nigerians that we are all equal and that if we are able to harness our God given talents, that we can aspire to the highest position in our nation unencumbered by primordial forces. Justice Samuel Walter Onnoghen is eminently qualified to occupy the position of Chief Justice of Nigeria.

    “He earned it through decades of hard work, profound postulations and untainted integrity. He has been part of a stable reward system in the Judiciary in which order of rank is recognized and hard work rewarded.

    “In his years serving in the temple of justice, he has witnessed men and women who served with honour and distinction elevated to the highest judicial office in our clime.

    “Having worked with distinction in the temple of justice, we believe like majority of our constituents, and Nigerians, that he deserves elevation as Chief Justice of Nigeria. His case cannot be different.

    “We therefore call on the president to act in a clear and decisive manner now by transmitting without further delay, the name of Justice Samuel Walter Onnoghen to the Senate for confirmation as Hon. Chief Justice of Nigeria as recommended by the National Judicial Council.

    “This will bring to an end the swirling speculations of vendetta against the revered justice and restore confidence in our judiciary. Any action contrary to this will convey and validate growing sentiments of vendetta.

    “For the avoidance of doubt, in exercising its constitutional powers in this instance, the National Judicial Council was transparent and followed laid down procedures and processes. By appointing Hon. Justice Samuel Walter Onnoghen as Acting ChiefJustice of Nigeria, the president has foreclosed any insinuation as to incompetence or any disabling factor for him to be made Hon. Chief Justice of Nigeria.

    “Under these circumstances, the continuous delay of the president to forward the name of Hon. Justice Samuel Walter Onnoghen to the Senate for confirmation without any lawful and constitutional cause has brought the issue of the independence of the judiciary and security of tenure of judges to doubt and public discourse.

    “It has opened the floodgate of political and social insinuations and entrenched the perception of ethno-regional prejudice and politicization of the judiciary. This is most unfortunate.

    “On our part, we will continue to work for and desire a united, peaceful and progressive Nigeria in which all men are exposed to equal opportunities, a nation in which all men irrespective of their religion and ethnic origin are equal and given the opportunity to live to the fullest, their God given talents.

    Let all of us in our different capacities make collective resolve to strengthen the foundation upon which this great nation is built. This we believe is our future and pathway to renewal, greatness and prosperity.”

    Apart from Enoh, others who are demanding immediate transmission of Onnoghen’s name to the Senate for confirmation included Senator Rose Okoji Oko, Senator Gershom Bassey, Hon. Essien Ayi, Hon. Bassey Eko Ewah, Hon. Dan Asuquo, Hon. Etta Mbora, Hon. Jarigbe Agom Jarigbe,  Hon. Lego ldagbo, Hon Chris Agibe and Hon. Mike Etaba.