Indications emerged yesterday on
why President Muhammadu Buhari is yet to act on the recommendation of the
National Judicial Council (NJC) that the suspended Chief Justice of Nigeria
(CJN), Justice Walter Onnoghen, be retired.
The President, it was learnt,
considered NJC’s letter ambiguous, as it did not clearly state why the
suspended CJN should be retired.
The President was also said to
have received some legal advice to ignore NJC’s recommendations on Onnoghen
because the council’s letter did not follow constitutional process.
The ambiguity in NJC’s letter was
said to have accounted for the current situation in which the nation is having
a CJN and an Acting CJN.
Findings made by our
correspondent revealed that NJC’s recommendation to the President only advised
him to retire Onnoghen in the “interest of the nation and the Judiciary.”
The council was, however, silent
on its findings on Onnoghen or whether or not he committed infractions based on
the investigation of the Economic and Financial Crimes Commission (EFCC).
A top source said: “The
recommendation of the NJC was a ‘legal soft landing for Onnoghen in order not
to expose him to any further criminal trial based on EFCC’s investigation.
“The council advised the
President to retire Onnoghen in the interest of the nation and the Judiciary.
But Section 292 of the 1999 Constitution gave three conditions for the removal
of a Judicial Officer, which include inability to discharge his duties,
misconduct and contravention of the Code of Conduct.
“There is nowhere in the
constitution where it is expressly stated that a CJN or a Judicial Officer can
be retired in the interest of the nation and the Judiciary.
“If Onnoghen is removed or
retired as contained in the NJC’s letter, the President’s action might be
actionable. “You don’t build something on nothing.
“This is why the President is
allowing the development in the Judiciary to follow a natural course.
“Onnoghen has offered to go on
voluntary resignation or retirement and the Code of Conduct Tribunal has
convicted him.
“There are three exit options for
Onnoghen now as follows: retirement by NJC if put in a proper constitutional
context; voluntary resignation or retirement if approved by NJC at its next
meeting; and the CCT judgment if endorsed by the Court of Appeal and the
Supreme Court.
“The President would have acted
on any of these options but he has opted to follow due process to avoid being
accused of hastiness in removing Onnoghen.
“The President is hamstrung by
NJC’s recommendation, which was inexplicit. At a point, the NJC said Onnoghen
should be compulsorily retired with full benefits.”
Responding to a question, the
source added: “Actually, the President was advised to reject or ignore NJC’s
recommendation on Onnoghen until the council is more forthcoming on why the
suspended CJN should be retired.”
Section 292 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, President of the Court of Appeal, Chief Judge of the
Federal High Court, Chief Judge of the High Court of the Federal Capital
Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja and President Customary Court of Appeal of the Federal
Capital Territory, Abuja by the President acting on an address supported by
two-thirds majority of the Senate
(ii) Chief Judge of a state,
Grand Khadi of a Sharia Court of Appeal or President of a Customary Court of
Appeal of a state by the Governor acting on an address supported by two-thirds
majority of the House of Assembly of the state
“…praying that he be so removed
for his inability to discharge the functions of his office or appointment
(whether arising from infirmity of mind or of body) or for misconduct or
contravention of the Code of Conduct. “(b) in any case, other than those to
which paragraph (a) of this subsection applies by the President or as the case
may be, the Governor acting on the recommendation of the NJC that the Judicial
Officer be so removed for his inability to discharge the functions of his
office or appointment (whether arising from infirmity of mind or of body) or
for misconduct or contravention of the Code of Conduct.”
Another source added: “It is left
to the NJC to be decisive in its recommendations and clean the Augean Stable in
the nation’s Judiciary. It is really time to move forward. “It is of no use
setting constitutional booby traps for the President. Let there be a clear
direction to follow.” At press time, it was learnt that the NJC may meet next
week to consider the observations of the President, the voluntary resignation/
retirement of Onnoghen and the extension of the tenure or appointment of the
Acting CJN, Justice Ibrahim Tanko Muhammad as the substantive holder of the
office. A source in NJC simply said: “The council may meet next week.”
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