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.
