The Federal High Court sitting in Abuja, the Federal Capital Territory (FCT), on Friday, dismissed a suit challenging the appointment of Justice Tanko Muhammad as substantive Chief Justice of Nigeria (CJN).
Justice Iyang Ekwo of the Federal High Court struck out the suit brought by a plaintiff, Omirhobo Foundation, for lack of locus standi to prosecute the case.
NAN reports that President Muhammadu Buhari on Thursday forwarded the name of the name of Justice Muhammad, to the Senate for approval as the substantive CJN.
He also sought the approval of the upper legislative chamber to enable him to appoint 15 special advisers.
Buhari’s letters were read at a plenary session by the President of the Senate, Ahmad Lawan.
Muhammad was sworn in as the Acting CJN on Jan. 25 immediately after the then CJN, Justice Walter Onnoghen, was suspended by Buhari.
Tag: CJN
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Court strikes out suit challenging appointment of Tanko as CJN
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Buhari nominates Muhammad for CJN
President Muhammadu Buhari on Thursday recommended Justice Muhammad Tanko to the National Assembly for confirmation as the substantive Chief Justice of the Nigeria (CJN).
Senate President Ahmad Lawan read President Buhari’s letter of the nomination of Justice Tanko in plenary.
The recommendation came about six months after Justice Tanko was appointed CJN in an acting capacity.
It also came a day after the National Judicial Commission (NJC) urged the President to appoint Justice Muhammad as the substantive CJN.
The Bauchi State-born Justice was appointed Acting CJN on January 25, following the suspension of erstwhile CJN, Justice Walter Onnoghen.
Justice Tanko, was until his appointment as acting CJN, the second most ranking Justice of the Supreme Court of Nigeria.
Buhari, who relied on Section 231, Subsection 1&2 of the 1999 Constitution as amended, sought the confirmation of Justice Muhammad as CJN in line with the provisions of the law.
According to Section 231, Subsection 1&2 of the 1999 Constitution as amended, “the appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the NJC subject to confirmation of such appointment by the Senate.
“The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the Senate.”
Part of President Buhari’s letter as read by the Senate President said: “I have the honour to forward the nomination of honourable Justice Ibrahim Tanko Muhammed for confirmation as CJN.
“It is my hope that this request will receive the usual expeditious cooperation of the distinguished Senate of the Federal Republic of Nigeria.”
Also on Thursday, President Buhari transmitted a letter asking the Senate to approve the appointment 15 senior special advisers.
No names of the nominees for special advisers were attached to the letter.
The promise by Lawan that the much expected ministerial list will be ready before the end of the week was not to be.
Lawan did not mention the ministerial list and yesterday was the last sitting day of the Senate for the week.
The Senate President had on Wednesday assured Nigerians that the list of ministerial nominees would be submitted by President Buhari before the end of the week.
Speaking at plenary, Lawan noted that the Executive was working hard to ensure that a ministerial list was transmitted to the Senate for consideration and approval. -
Buhari seeks Senate’s confirmation of Tanko Mohammed as CJN
President Mohammadu Buhari has sent a letter requesting the Senate to confirm the appointment of Tanko Mohammed as the substantive Chief Justice of the Federal Republic of Nigeria.
The President of the Senate, Dr Ahmad Lawan read the letter from Buhari at the plenary on Thursday.
The letter addressed Lawan, sought the cooperation of the Senate for the confirmation in line with Section 231 (1) of the 1999 Constitution as amended.
It also made reference to the section of the constitution which empowers the National Judicial Council (NJC) to have made such recommendations.
Dr Lawan also read another letter from the President which such expeditious consideration of the Senate for the confirmation of appointment of 15 personal aides.
He said his action was premised on Section 151 of the constitution which requires the confirmation of the Senate.
He, therefore, said ” It is my hope that these requests will receive usual expeditious consideration from the Senate of the Federal Republic of Nigeria.
NAN reports that Justice Mohammed was sworn in as the Acting CJN on Jan. 25, immediately after the then CJN, Justice Walter Onnoghen was suspended by Buhari.
The President in April requested and obtained the NJC’s consent to extend Muhammad’s acting tenure by the constitutionally-allowed three months.
NAN reports that on Wednesday the National Judicial Council recommended to President Buhari the appointment of Justice Muhammad as the substantive Chief Justice of Nigeria. -
Onnoghen: Lawyer files suit to stop confirmation of Justice Tanko as CJN
A lawyer, Malcolm Omirhobo, has dragged the National Judicial Council (NJC) before the Federal High Court in Abuja, seeking an order halting the appointment of the acting Chief Justice of Nigeria, Tanko Muhammad, as the substantive chief justice.
The applicant in the suit with number FHC/ABJ/CS/420/2019 alleged that Mr Muhammad availed himself as a tool that was used in the violation of the constitution, especially with regards to the ‘illegal’ removal of the embattled Chief Justice of Nigeria (CJN), Walter Onnoghen.
President Muhammadu Buhari had sworn in Muhammad as the acting CJN after suspending Onnoghen in January.
The president, with the consent of the NJC, had last week extended the acting tenure of Muhammad by another three months.
The suit, which was filed by the plaintiff, has the NJC, the Federal Judicial Service Commission, the President of the Federal Republic of Nigeria, Mr Muhammad, The Federal Government of the Federal Republic of Nigeria, the Attorney General of the Federation and the Senate as defendants.
The applicant is seeking the courts’ declaration that the constitution never contemplated suspension or removal from office by an ‘exparte order’ of court as one of the grounds for which the office of the Chief Justice of the Federal Republic of Nigeria can become vacant.
The applicant also seeks a declaration that the suspension and/or removal of the Chief Justice of Nigeria from office is a shared responsibility of the NJC, the President and the Senate.
The applicant added that “the President does not have the vires or power under the law to unilaterally suspend and/or remove the Chief Justice of Nigeria from office.”
He seeks an order restraining the Senate from confirming the appointment of Mr Muhammad as the substantive CJN.
The suit has been assigned to a judge, Iyang Ekwo, but no date has been fixed for the hearing.
After his controversial suspension, Onnoghen was convicted by the Code of Conduct Tribunal for false assets declaration. The tribunal ordered his sack from office. It also ruled that he should forfeit his undeclared assets.
Onnoghen has appealed the ruling.
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CCT judgment on Onnoghen moved from 9am till noon
The judgment of the Code of Conduct Tribunal on Justice Walter Onnoghen, who is being arraigned on charges of assets declaration breaches, has been shifted from 9 am the originally scheduled time, till noon on Thursday.
Onnoghen had arrived the premises of the tribunal at 8.40am ahead of the judgment.
Only two of his lawyers and a handful of his assistants were seated in the courtroom when a court official announced the postponement at 9 am.
No member of the prosecution team was in court when the postponement was announced
None of them arrived as of the time of filing this report at 9.11am.
Onnoghen had yet to step out of his vehicle as of the time the postponement was announced.
His convoy left the premises as soon as the information about the new development reached him.
The Chairman of the CCT, Danladi Umar, after the trial and the defence, made closing arguments on Monday, specifically fixed judgment for 9 am on Thursday, a departure from the usual 10 am sitting time of the tribunal.
Onnoghen reportedly resigned on April 4, he was indicted with alleged breaches of the Code of Conduct for Public Officers before the CCT on January 11, 2019, as a sitting CJN.
Specifically, the Federal Government, acting through the Code of Conduct Bureau, had on January 11, filed against Onnoghen, six counts, accusing him in the first count of failure to declare his assets to the bureau between June 2005 and December 14, 2016.
In the rest of the five counts, the defendant was alleged to have falsely declared his assets on December 14, 2016, by allegedly omitting to declare his domiciliary dollar, euro and pound sterling accounts as well as his two naira accounts, all maintained with Standard Chartered Bank (Nig.) Ltd.
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Onnoghen did not resign as CJN – Lawyer
A lawyer to the Chief Justice of Nigeria, Walter Onnoghen, has shed light on the purported resignation of his client.
Adegboyega Awomolo who is lead counsel to the embattled CJN in his false assets declaration trial said Onnoghen’s decision is a retirement and not a resignation from office.
Recall that the media was awash of his resignation as CJN on Friday.
However, the presidency was yet to confirm receipt of the letter as both presidential spokesmen Femi Adesina and Garba Shehu were said to be out of the country on an official assignment.
He said Onnoghen sent his notice of retirement to President Muhammadu Buhari in line with constitutional provisions.
“What he has done is to send his notice of retirement to the President. And he has done so, in accordance with the provisions of the constitution.
“His position from day one has been that it is only the NJC that can discipline him. Now that the NJC has spoken, out of respect for the NJC and the office of the Chief Justice of Nigeria and Nigerian Judiciary, he sent his letter of retirement, not resignation. He never resigned.
“All he has done is to send a letter to the president, saying thank you. I have served this country for about 32 years. I want to retire. That’s all he has done,” Awomolo told Premium Times in an interview.
Meanwhile, the ruling All Progressives Congress (APC) in a reaction on Friday evening said the CJN’s resignation was an affirmation of the legitimacy of the action earlier taken by President Muhammadu Buhari to suspend the CJN.
The party said as earlier seen with the Senate President, Bukola Saraki’s asset declaration trail at the Code of Conduct Tribunal (CCT) and now the CJN’s trial, “Now, you have seen the head of National Assembly, Senate President, in the dock. Now, you have seen the CJN in the dock. So, one day, we will see a President that also misbehaves in the dock, which now shows that nobody is above the law and that we are all equal before the law.
“So, anybody who finds himself in any position should now begin to look closely at his own actions, knowing full well that today may protect him but tomorrow may expose him.”
Humble rise to the peak
Onneghen was born on the Dec. 22, 1950 at Okurike Town, Biase Local Government Area of Cross Rivers.
He began his primary school education at the Presbyterian Primary School, Okurike Town between 1959 and 1965.
Before his appointment as the Chief Justice of the Federation, he worked with the Ministry of Justice, Ikeja, Lagos, Ogun, between 1978 and 1979, as the Pupil State Counsel.
Between 1989 – 1998, he was a High Court Judge of Cross River Judiciary.
During his time as the High Court Judge of Cross River, he was made the Chairman of Cross River State Armed Robbery and Firm Arms Tribunal and he held the post for 3 years from 1990 – 1993.
Sometime in 1996 while still holding the post of High Court Judge of Cross River, he was appointed the Chairman, Judicial Enquiry into the Crisis between Students of the University of Calabar and Obufa Esuk Orok Community, Calabar.
In 1998, he was the Chairman, Failed Banks Tribunal, Ibadan Zone.
Between 1992 and 2004, he served as the Judge, High Court of Rivers, while from 1998 to 2005, he served as Justice of the Court of Appeal.
In 2007, Justice Onnoghen played a huge role in 2007 election which saw the Late Umaru Yar’adua as President of Nigeria.
He had a dissenting judgment that indeed annulled the presidential election. His position was however a minority judgment.
After being nominated as the Chief Justice of the Supreme Court of Nigeria by the Acting President, Professor Yemi Osinbajo, he was confirmed by the Senate on March 1, 2017, and sworn in on March 7.
Suspension and trial at CCT
Onnoghen’s trials for false assets declaration started when a petition was filed by the civil rights group at the Code of Conduct Bureau (CCB), alleging that he owned sundry accounts.
It alleged the accounts were primarily funded through cash deposits made by himself up to as recently as August 10, 2016, which appeared to have been run in a manner inconsistent with financial transparency and the code of conduct for public officials.
The trial began on Jan. 14 at Code of Conduct Tribunal but Onnoghen was absent.
Also on Wednesday, the National Judicial Council abstained from considering allegations relating to the assets declaration that were levelled against Onnoghen.
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.
Tortuous journey to retirement
Onnoghen’s retirement is coming 51 days after his trial began at the Code of Conduct tribunal on January 14 and 58 days after the petition which birthed the said trial was submitted.
Onnoghen, who was appointed a justice of the Supreme Court in 2005, had been recommended for the position of Chief Justice of Nigeria on October 6, 2016, by the NJC under its erstwhile leader, Mahmud Mohammed. He was, however, not confirmed by the Senate until March 7, 2017, due to the reluctance of President Muhammadu Buhari to submit his name to the Senate for confirmation.
He was eventually sworn-in on March 7, 2017, by then Acting President Yemi Osinbajo, after the Senate confirmation. Onnoghen’s appointment as chief justice was billed to expire on December 22, 2020, after he attains the compulsory retirement age of 70 years.
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FG closes case against suspended Onnoghen
The Federal Government on Thursday closed its case of false and non-declaration of charges preferred against the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal.
Although, the prosecution led by Mr. Aliyu Umar (SAN) had proposed to call six witnesses to prove its case against the defendant, it closed its case after calling three of them.
Umar announced his decision to close the prosecution’s case after the third witness, Ifeoma Okeagbue, an official of Standard Chartered Bank, concluded her testimony on Thursday.
The prosecuting counsel said he had chosen to offer to the defence team the rest of his proposed witnesses, three of them, who were not called by the prosecution.
But the lead defence counsel, Chief Adegboyega Awomolo (SAN), rejected the offer.
He then sought the permission of the three-man bench led by its Chairman, Danladi Umar, to consult with the defendant who was seated in the dock.
After a brief interaction with the suspended CJN, Awomolo announced that Onnoghen had opted to file a no-case submission, implying that the defence will contend that the prosecution has failed to make a case against the defendant and there will not be any need for the suspended CJN to enter his defence.
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Alleged false asset declaration: FG clears air on Onnoghen’s status as CJN
The Federal Government and Attorney General of the Federation told the Supreme Court on Thursday that the Chief Justice of Nigeria, Justice Walter Onnoghen, had not been removed from office but was only suspended.
Responding to a suit filed before the apex court by the Cross River State Government, the two respondents argued that Onnoghen was simply suspended to enable him to stand trial on charges of non-declaration of assets instituted against him before the Code of Conduct Tribunal.
The Solicitor-General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Dayo Apata, who represented the two respondents, asked the apex court to dismiss the suit which was filed by Cross Rivers State to challenge Onnoghen’s trial and suspension by President Muhammadu Buhari.
Being a suit between the Federal Government and a state government, it did not arise from an appeal from the lower courts but was filed directly at the Supreme Court under the “original jurisdiction” of the apex court.
Reacting to the argument by the plaintiff’s, Lucius Nwosu (SAN), to the effect that Onnoghen’s “removal from office, by President Muhammadu Buhari was a violation of the Constitution, attack on the judiciary and a breach of the doctrine of separation of powers, Apata contended that “there is a clear distinction between suspension and removal”.
Insisting that Onnoghen’s suspension was not arbitrary, Apata said Buhari’s decision to suspend the CJN followed a valid order which Onnoghen himself has now appealed.
Apata also argued, among others in his client’s notice of preliminary objection and counter affidavits, that the subject matter did not qualify as a dispute between a state government and the Federal Government to warrant being heard by the apex
He said the suit did not disclose any dispute between Cross River State and the Federal Government of Nigeria on the subject matter of this case or the charge pending before the Code of Conduct Tribunal.
In his argument, the plaintiff’s counsel, Nwosu, urged the court to dismiss the defendants’ objection and grant all the prayers sought by his client.
He added, “The seat of the CJN is an institution specifically established by the Constitution of Nigeria, which also makes it tenured, to the effect that the occupant should stay there until his/her retirement age.
“And the only way he/she can be removed before his/her retirement age, has also been stated in the Constitution. This dictates that even if there is any transgression, this procedure must be followed.”
Nwosu insisted that the Supreme Court was the proper forum for the case to be decided.
Nwosu argued that the suit before the Supreme Court was not personal to Onnoghen, but meant to cure a violation to the Constitution and the prevent such violation in future.
The seven-man panel of the apex court led by Justice Olabode Rhodes-Vivour fixed May 27 for judgment.
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‘Don’t betray your oath,’ Acting CJN urges judges on election tribunals
The Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad has urged judges nominated to serve in election tribunals to remain loyal to the judicial oath to which the subscribed upon their inauguration.
Muhammad, who reminded the judges that their choice as members of the tribunals impose on them the duty to rise above all temptations and do justice in accordance with the law.
He noted that the task of adjudicating election petitions would task the content of the conscience of members of the various election tribunals.
The Acting CJN spoke in Abuja on Thursday while swearing 17 of the 250 judges nominated to serve in the election tribunals that will determine the various petition arising from this year’s general elections.
Muhammad had, on January 26 this year, swore in the others.
Speaking on Thursday, the Acting CJN said: “You have just taken an oath that has not only imposed a course of upright morale undertaking on you but equally looped you with destiny.
“Your participation in these tribunals at this crucial phase of the Nigerian judiciary is not by accident but a clear design of the Almighty Allah.
“This is an enormous national assignment that will literally put the contents of your conscience to test.
“As judicial officers, you may have, one way or the other, trodden this somewhat dreaded terrain, but you must, against all odds, rise above the murky waters of failure and infamy.’
“The onus is on you to keep aloft the banner of honesty and integrity that the judiciary has painstakingly hoisted over the years.
“Your appointment to serve in these tribunals is well conceived, thus, you should do everything within your ability to justify this confidence.
“There is no doubt that you will be exposed to different forms of temptations and even blackmails but you should know that all are aimed at testing your strength of character, honesty and integrity.
“My candid advice is that, in whatever circumstance, you should always be mindful of this oath you have just taken because it now stands as an uncompromising witness between you and your creator.
“It behoves you to willingly submit yourselves to the sanctity of the rule of law and supremacy of the Constitution in the discharge of your judicial functions.
“It is the general belief that elections held when the rule of law is too fragile, seldom lead to lasting democratic governance.
“You are enjoined to always strike a balance between justice and rule of law as you embark on this critical national assignment.
“As you all know, the rule of law delayed, is lasting peace denied because justice is a handmaiden of true peace. We need this in Nigeria more than ever before.
“The trumpet must first sound from the temple of justice; hence we put you forward as champions of this noble cause.
“By virtue of this oath, you are now armed with the power to adjucate on electoral disputes and take decisions in accordance with your conviction Which must be deeply rooted in law and not sentiments or public opinion.
“l pray the Almighty Allah will grant you the courage and wisdom to carry out this responsibility without faltering or failing,” Muhammad said.
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Onnoghen: UN faults Buhari, says decision to suspend, sack CJN should be by independent authority
Diego Garcia-Sayan, the United Nations special rapporteur on the independence of judges and lawyers, on Monday, said that On an independent authority has the right to suspend or remove a judge.
This was said in a statement regarding the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen by President Muhammadu Buhari.
In the statement shared on the verified Twitter handle of the body, Garcia-Sayan said, “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence. Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court,” said the UN human rights expert.
“The dismissal of judges without following procedures laid down by the law and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary,” the UN expert warned.
Chief Justice Walter Onnoghen was suspended on 25 January 2019 and replaced by Ibrahim Tanko Mohammad.
The President of Nigeria said he had acted in compliance with an order issued two days earlier by a tribunal established under the Constitution to decide on alleged breaches of the Code of Conduct for Public Officials. However, four separate Nigerian courts – the Court of Appeal, the National Industrial Court and the two Federal High Courts – had already ordered a stay of proceedings in the Tribunal. Moreover, the said order upon which the suspension was based, was issued ex-parte while the motion on notice on the same subject was adjourned the day before by the issuing court.
“All State institutions must abide by the decisions of national courts and tribunals. In the case of Chief Justice Onnoghen, four national courts hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, eight months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council,” the UN expert stressed.
Some of the judges handling the case of the Chief Justice and the defence lawyers have been subject to serious threats, pressures and interferences. “I am seriously concerned at such allegations, which may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession,” said the expert.
“One of the senior advocates defending the Chief Justice was arrested on Wednesday by security agencies. Lawyers play an essential role in securing access to justice, and should never suffer, or be threatened with, prosecution or other sanctions for action taken in accordance with recognized professional duties, standards and ethics,” added Mr. García-Sayán.
The UN expert has expressed his concerns to the Nigerian Government and will continue to follow events.