The National Judicial Commission
(NJC) has recommended Walter Onnoghen, chief justice of Nigeria (CJN), for
compulsory retirement.
After deliberating on the
petition filed against him by the Economic and Financial Crimes Commission
(EFCC) on Wednesday, members of the NJC unanimously agreed that Onnoghen has
lost the moral authority to continue as CJN with the litany of allegations
bordering on misconduct.
The NJC — which handles
disciplinary issues of judicial officers — sat under the interim leadership of
Umaru Abdullahi, former president of the court of appeal, who had to act
because Onnoghen was already under suspension.
The council also concluded that
Tanko Muhammad did not commit any offence by making himself available to be
sworn in as acting CJN without the recommendation of the NJC.
These recommendations have been
passed to President Muhammadu Buhari for approval, Soji Oye, the council’s
director of information, informed the media on Wednesday, although he did not
make the details public.
WHAT NEXT NOW?
The president still has to seek the approval of the senate for Onnoghen to
be retired if he wants to follow the CJN route.
This will require two-thirds
majority of the upper legislative chamber.
Section 292 (1) of the 1999
constitution 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.”
Onnoghen is also undergoing trial
at the Code of Conduct Tribunal (CCT) over allegations of false asset declaration
— and if found guilty, he could be removed.
ROAD TO RETIREMENT
Buhari suspended Onnoghen on
January 25, 2019 following an order made by the CCT.
NigerianEye had reported how the
Anti-Corruption and Research Based Data Initiative (ARDI), a civil society group, launched the legal
move to remove Onnoghen.
The group had filed a petition
against him at the Code of Conduct Bureau (CCB) over alleged false declaration
of assets.
The CCB is empowered by the
constitution to investigate public officers, after which it would forward its
findings to the appropriate body for trial if the allegations are confirmed.
It had listed a number of
allegations against Onnoghen — notably false declaration of assets.
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