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Tag: Justice Tanko Muhammad

  • Write judgments for posterity, acting CJN tells judges

    The Acting Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, on Wednesday urged judges to write judgments not because of the monetary benefits but for posterity.

    The CJN spoke at the inauguration of the ultra-modern High Court complex built by the Imo State government and named after the late Justice Chukwudifu Oputa.

    Justice Muhammad, who was represented by a Judge of the Supreme Court, Justice Amina Augie, said: “We thank God for the vision given to Governor Rochas Okorocha that came to fruition in the realisation of this wonderful court complex. I doubt if there is any state in this country that has a High Court complex as magnificent as this one. For this, we thank God for the governor of Imo State; we thank God for the judges of Imo State and we thank God for the people of Imo State who are going to benefit from this complex after the inauguration.

    “The complex is so comfortable that it will enable judges to relax and do their jobs well and give justice without fear, favour or ill will.

    “At the same time, when you walk in and see the name of the complex, Justice Oputa Complex, he is one of the greatest jurists this country ever had. Till today, if I am writing any judgment, I still rely on him because he was a great jurist. He was able to capture the law; he was able to explain it and was able to put it into clear words.

    “Justice Oputa was an example of what a judge should be. He never knew that one day a complex like this would be named after him. This is a message to all living judges that we must all have posterity in mind. It tells us that whatever we are writing, we should remember that one day, in 100 years, one of your grand-children will be reading whatever rubbish you have written or reading something sublime you have written and they will proudly say, my grandfather or mother has done well by the kind of judgment he or she has written.”

    Read also: CJN: Buhari, Senate, AGF get 14 days to defend choice

    Okorocha said he would be remembered for all the works he has done as the governor of the state.

    He added: “I stand here today to present to you this wonderful edifice which is tripartite in arrangement. The first building standing by the left is called the Justice Building and the one in the middle is the Building of Equity and the last one is Building of Fairness.

    “When I came in as the governor, I was not lucky like those packaged by the elite of Imo State. I hadn’t any support of the big masquerade politician in the state. I came in as the governor of Imo State through the window of the masses and not through the door of the elite. I didn’t have the co-operation of who is who because I bend protocols for the good of the masses. I have never broken any protocol or law, I only bend it a bit and make sure it doesn’t break. At the stage of breaking, I strengthen it to the destination I am going to.

    “One thing you cannot take away from me is that I came here with a passion and vision to make Imo better. But if I have followed your way, this structure standing here wouldn’t have been standing because there were many governors and leaders before me.

    “If I had followed your style and system, the International Cargo Airport, the biggest in this country, won’t be standing tall at the airport, And so many other projects of note. Only a few days ago, we collected the licence of four new universities, all established in Imo State. Yet, you don’t understand.

    “Today, we have the best police headquarters in Nigeria, after the one in Abuja. We have the best prison headquarters in Imo State, all built by this government.

    “Our Justice Oputa Court Complex stands tall in Nigeria today. Let my work speak for me, even after I leave office. This is the only message I have for my political opponents and definitely my work will speak for me.”

  • Lawyer urges court to restrain Buhari from making Muhammad substantive CJN

    A lawyer, Malcom Omirhobo, has urged the Federal High Court to restrain President Muhammadu Buhari from appointing the Acting Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, as the substantive CJN.

    The lawyer is praying the court to declare that Justice Muhammad, currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen.

    The plaintiff prayed the court to declare that Justice Muhammad, having made himself available to allegedly violate the Constitution, especially the “illegal” removal of the former CJN, is not a proper and fit person to be recommended for appointment to head the Judiciary.

    He argued that the Acting CJN conducted himself in a manner that reduced the confidence of the public in the integrity and impartiality of the Judiciary.

    The defendants are: the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), the Acting CJN, the Federal Government of Nigeria, President Buhari, the Attorney General of the Federation and the National Assembly.

    Omirhobo urged the court to declare that the suspension and/or removal of a CJN from office is a shared responsibility of the first defendant (NJC), fifth defendant (Buhari) and seventh defendant (National Assembly).

    The lawyer argued that President Buhari lacked the constitutional powers to unilaterally suspend and/or removal a sitting CJN from office, as was done in the case of Onnoghen.

    He prayed the court to declare that by combined interpretation of sections 1(1 )(2), 231(4), 292(1)(a)(i)(b), 153(1)(i), 158(1) and paragraph 21 (a)(b) of Part 1 of the Third Schedule of the 1999 Constitution, as amended, “it is unlawful and undemocratic for the 4th and 5th Defendants (Federal Government and President Buhari), to declare the office of the CJN vacant on January 25, 2019 and consequently appoint and swear in the 3rd Defendant as the acting CJN”.

    Omirhobo prayed the court to restrain the National Assembly from confirming any appointment of Justice Muhammad as the substantive CJN.

    The lawyer prayed for “an order compelling the second defendant (FJSC) to select and the first defendant (NJC) to recommend the most qualified Justice of the Supreme Court of Nigeria that is fit and proper to the firth defendant for appointment to office of the CJN and for the confirmation of the seventh defendant with a two-thirds majority vote”.

    In a supporting affidavit, the plaintiff stated that unless restrained by the court, the Executive would continue to violate the extant provisions of the Constitution and sanctity of the Judiciary.

    The suit has been assigned to Justice Iyang Ekwo for hearing.

  • Court urged to restrain Buhari from making Muhammad substantive CJN

    The Federal High Court has been asked to restrain President Muhammadu Buhari from appointing the Acting Chief Justice of Nigeria, Justice Tanko Muhammad as the substantive CJN.

    The request is contained in a suit marked FHC/ABJ/CS/420/2019, filed by Malcom Omirhobo, a lawyer.

    He is praying the court to declare that Justice Muhammad, who is currently the most senior jurist at the Supreme Court, is unfit to replace the sacked CJN, Justice Walter Onnoghen.

    The plaintiff wants the court to declare that Justice Muhammad, having made himself available as a tool that was used in the violation of the Constitution, especially with regards to the “illegal” removal of the former CJN, is therefore not a proper and fit person to be recommended for appointment to head the judiciary.

    The plaintiff argued that the Acting CJN conducted himself in a manner that reduced the confidence of the public in the integrity and impartiality of the Judiciary.

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    Listed as defendants are: the National Judicial Council, NJC, the Federal Judicial Service Commission, FJSC, the Acting CJN, the Federal Government of Nigeria, President Buhari, the Attorney General of the Federation, and the National Assembly.

    The plaintiff urged the court to declare that the suspension and/or removal of a CJN from office, is a shared responsibility of the 1st Defendant (NJC), 5th defendant (Buhari) and 7th Defendant (National Assembly).

    He argued that President Buhari lacked the constitutional powers to unilaterally suspend and/or removal a sitting CJN from office, as was done in the case of Onnoghen.

    He is praying the court to declare that by combined interpretation sections 1(1 )(2), 231(4), 292(1)(a)(i)(b), 153(1)(i), 158(1) and paragraph 21 (a)(b) of Part 1 of the Third Schedule of the 1999 Constitution, as amended, “it is unlawful and undemocratic for the 4th and 5th Defendants (Federal Government and President Buhari), to declare the office of the CJN vacant on January 25, 2019 and consequently appoint and swear in the 3rd Defendant as the acting CJN”.

    He wants the court to restrain the National Assembly from confirming any appointment of Justice Muhammad as the substantive CJN.

    Likewise, for, “An order, compelling the 2nd Defendant (FJSC), to select and the 1st Defendant (NJC), to recommend the most qualified Justice of the Supreme Court of Nigeria that is fit and proper,  to the 5th Defendant, for appointment to office of the CJN, and for the confirmation of the 7th Defendant with a two third majority vote”.

    In a supporting affidavit, the plaintiff stated that unless restrained by the court, the Executive arm of government would continue to violate the extant provisions of the Constitution and sanctity of the judiciary.

    The suit has been assigned to Justice Iyang Ekwo for hearing.

  • NJC abstains from considering allegations against Onnoghen, Muhammad

    The National Judicial Council on Wednesday abstained from considering allegations relating to assets declaration that were levelled against the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

    The decision which is contained in a statement, issued by Mr Soji Oye, Director, Information, NJC.

    Oye said the council took the decision at an Emergency Meeting to consider the Report of the Five-Man Committee constituted to investigate the allegations of misconduct made against Onnoghen and Justice Tanko Muhammad.

    “Council decided that the allegations relating to assets declaration that were levelled against Onnoghen, were subjudice and therefore abstained from considering them.

    “Council reached a decision on the petitions written by economic and Financial Crimes Commission and others and conveyed its decision to President Mubammadu Buhari, GCFR.

    Read also: Breaking:NJC concludes probe of Onnoghen, Muhammad, silent on findings

    “Council also resolved that, by the nature of the decision reached, it would be inappropriate to publicise it before conveying it to President”, Oye said in the statement.

    NAN reports that on Feb 11, the council set up a preliminary complaints assessment committee to review the responses given to it by Onnoghen, and Muhammad who is acting in his stead.

    Onnoghen is accused of failing to fully declare his assets, while Muhammad is facing allegations of misconduct.
    The NJC said it reconvened and resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017. (NAN)