Walter Onnoghen has resigned as
the chief justice of Nigeria (CJN) with immediate effect.
TheCable reports that he turned in his resignation
letter to President Muhammadu Buhari on Thursday evening, a day after the
National Judicial Council (NJC) recommended that he be compulsorily retired for
misconduct.
By virtue of section 306 of the
1999 constitution, his resignation takes immediate effect.
Section 306 says “(1) Save as
otherwise provided in this section, any person who is appointed, elected or
otherwise selected to any office established by this Constitution may resign
from that office by writing under his hand addressed to the authority or person
by whom he was appointed, elected or selected. (2) The resignation of any
person from any office established by this Constitution shall take effect when
the writing signifying the resignation is received by the authority or person
to whom it is addressed or by any person authorised by that authority or person
to receive it.”
The resignation was the “best possible option” for Onnoghen under the current
circumstance.
It will also save Buhari from
having to get two-thirds majority of the senate to confirm Onnoghen’s
retirement as stipulated in Section 292 (1) of the 1999 constitution which says
a “judicial officer shall not be removed from his office or appointment before
his age of retirement except in the following circumstances – (a) in the case
of – (i) Chief Justice of Nigeria… by the President acting on an address
supported by two-thirds majority of the Senate.”
Buhari may not be able to muster
the needed majority.
‘GOLDEN HANDSHAKE’
We previously reported that
Onnoghen’s retirement benefits in cash and kind will cost tax payers about N2.5 billion.
As part of the package for a
retired chief justice, a house will be built for him in Abuja with a nine-digit
sum for furnishing — in addition to a severance gratuity that is 300% of his
annual basic salary of N3,363,972.50, as well as pension for life.
Just like state governors, a
retired chief justice is entitled to a number of domestic staff and sundry
allowances for personal upkeep.
This package for judicial officers
was put together by the NJC long before Onnoghen became the CJN in 2017.
However, if he is dismissed, he
will not be entitled to any benefits.
Onnoghen chose the option of
resignation as a measure of damage control, his associates revealed.
CASED CLOSED?
Recall we reported on Wednesday
that the NJC had recommended the embattled CJN for compulsory retirement after
deliberating on a petition by the Economic and Financial Crimes Commission
(EFCC) which alleges “financial impropriety, infidelity to the constitution and
other economic and financial crimes related laws”.
Onnoghen, who denied all
allegations, is also undergoing trial at the Code of Conduct Tribunal (CCT)
over charges of false asset declaration.
Onnoghen has closed his defence
at the CCT and the tribunal is expected to give its judgement at the next
sitting on April 15.
But for the crisis, Onnoghen, who
is 68, was due for retirement in 2020.
If the “soft landing” option is
favoured by Buhari, the EFCC may not proceed with filing criminal charges while
the case at the CCT could become academic because the major punishment for
Onnoghen would have been his removal from office.
He could be banned from holding
public office for 10 years, while his assets believed to have been acquired
illegitimately will be confiscated.
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