The acting Chief Justice of Nigeria, Justice Tanko Muhammad, has claimed that President Muhammadu Buhari does not need the permission of the National Judicial Council to appoint him as the acting CJN.

Muhammad made the claim in response to a query given to him by the NJC, the body constitutionally empowered to recommend the appointment of chief justices and heads of courts.

A group, Centre for Justice and Peace Initiative, had written a petition to the NJC, asking the council to remove Muhammad as a justice of the Supreme Court for allowing himself to be sworn in by the President without recourse to the NJC.

In his response, however, Justice Muhammad said the NJC ought to be consulted only when a substantive CJN is being appointed or re-appointed.

He said, “In my respectful view, the National Judicial Council has no role to play in the appointment of an acting Chief Justice of Nigeria in the first instance, that is to say on first appointment. The council comes in where the appointment as the acting CJN is to be renewed or extended. I humbly refer to Section 231(4) of the 1999 Constitution.”

Muhammad noted that Justice Walter Onnoghen remained the substantive CJN, adding that the latter was only suspended.

The acting CJN said if the Appeal Court or the Code of Conduct Tribunal reversed Onnoghen’s suspension, he would immediately step aside and return to his former position as a justice of the Supreme Court.

He added, “It was for the larger interest of the judiciary and the constitutionality that I accepted to be sworn in as acting CJN with the conviction that if the order of January 23, 2019 is eventually set aside, the status quo would be restored.

“But before it is set aside, there should be no vacuum in the office of the CJN and the chairman of the NJC.”

Recalling how he was sworn in by the President, Muhammad said he was summoned to the Presidential Villa by Buhari and shown the certified true copy of a motion ex parte granted by the CCT and signed by its Chairman, Danladi Umar.

He said, “On January 25, 2019, I was summoned to the Aso Villa at the instance of the President. Prior to the summons, I was not aware of the fact that the Code of Conduct Tribunal made any order on January 23, 2019.

“Furthermore, beyond what I read in the newspapers and watched on the television just like any other Nigerian, I was not privileged to see any of the processes filed by the parties before the tribunal. Hence, I could not really appreciate the merit or demerit of divergent positions.

“On the 25th day of January, the President swore me in as the acing CJN and not as the substantive CJN. Justice Walter Onnoghen remains the CJN until he is removed from office in accordance with the provision of the constitution. He is only suspended.”

He, however, said he had nothing to do with the speech delivered by the President wherein the latter accused Onnoghen of frustrating his anti-corruption war.

Muhammad admitted that he was a member of the NJC panel that removed Justice Obisike Orji of the Abia State High Court for accepting to be sworn in as chief judge by the Abia State Government without a recommendation of the NJC.

He, however, said his own case was different because he was only appointed as an acting CJN.

Muhammad further stated that the substantive head of the judiciary had been suspended by a valid court order which made it right for him to take over in acting capacity.

The acting CJN therefore appealed to the NJC to dismiss the petition written against him.


https://punchng.com/buhari-didnt-need-njc-to-appoint-me-acting-cjn/

This thread is good for trivia.

If you spell CJN backward it yields NJC.

We love confrontation and conflicts. This is why there is chaos everywhere you look. We do a poor job of politics and politicking. The Acting CJN is correct that the President does not need the Judicial Council to approve an Executive action but he could have done better than just blurting that out.

Yes I saw the clause in the constitution that allows Buhari luckily for tanko to swear him in without the NJC.

But the appeal court or cct to suspend the CJN? Where did they get the powers from?

So many acts of tyranny always sugar coated and tolerated/swallowed by gullible citizens. I pray for the sake of our nation the NJC rise up.

Then Tanko should explain the section of the constitution that authorise the President to appoint acting CJN. We all know that acting CJN comes into office upon the retirement of the substantive CJN and there is no provision in the constitution for the President to appoint whether acting or substantive CJN without the approval of NJC.

MRSALT:
Then Tanko should explain the section of the constitution that authorise the President to appoint acting CJN. We all know that acting CJN comes into office upon the retirement of the substantive CJN and there is no provision in the constitution for the President to appoint whether acting or substantive CJN without the approval of NJC.

Chapter VII, Part1, Section A, ,


230. (1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of -
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) 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.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.

Of course, you're only an acting CJN and the suspended CJN is the substantive Chief Judge of the federation.
But the question is that the President has no power to suspend Mr Walter in such manner and that's why they're questioning your appointment as the acting CJN. You being the acting CJN is an illegality in itself.

The question is were are we going to in this country .



See signature .

Apc and Buhari has raped our Judiciary system !

Apc and Buhari has raped our Judiciary system !

DeOTR:
Of course, you're only an acting CJN and the suspended CJN is the substantive Chief Judge of the federation.
But the question is that the President has no power to suspend Mr Walter in such manner and that's why they're questioning your appointment as the acting CJN. You being the acting CJN is an illegality in itself.

Chapter VII, Part1, Section A,

292. (1) 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 Kadi 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.


...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;

MetaPhysical:




Chapter VII, Part1, Section A, ,


230. (1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of -
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) 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.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.

With regards to sub-section 5 above, let's wait till April 23. If the court continues to adjorn, it's the loss of the acting CJN.

MetaPhysical:


Chapter VII, Part1, Section A,

292. (1) 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 Kadi 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.


...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;

You're just quoting sections of the Constitution without reading what you're quoting.

What role did the Senate (two thirds majority) play in the so-called suspension of the CJN, for so-called misconduct, as required by the Constitution?

Osyxcel:


With regards to sub-section 5 above, let's wait till April 23. If the court continues to adjorn, it's the loss of the acting CJN.

Exactly. The person you quoted conveniently overlooked the import of that Section 5.

we have no more judiciary in this country. heck my sigg for you chinese rmb..

Abokkis are never loyal to any constitution.
They can only be loyal to themselves and sharia law.

Carry go Nigeria's owner

Sharia judge

Arrogance again from Buhari's people.

Osyxcel:


With regards to sub-section 5 above, let's wait till April 23. If the court continues to adjorn, it's the loss of the acting CJN.

The Constitution has many loopholes. Bright lawyers exploit the loopholes to win cases. A new loophole will come to play on April 23rd, don't fret.

Hedonisst:


You're just quoting sections of the Constitution without reading what you're quoting.

What role did the Senate (two thirds majority) play in the so-called suspension of the CJN, for so-called misconduct, as required by the Constitution?

Saraki is a PDP man and the President of Senate. Was there a floor vote and how did the floor vote to reach the 2/3 majority? This question is for Saraki. The constitution has spoken!

MetaPhysical:


The Constitution has many loopholes. Bright lawyers exploit the loopholes to win cases. A new loophole will come to play on April 23rd, don't fret.

Bookmarked for that new loophole

You can see how the.black man pisses in the cup he needs to drink from tomorrow. You can see how the black man truncates his future. You can see how this government destroys institutions.

For such a learned man not to be able to grasp the import of what he says let alone what he does is just mind numbing... then he wants to preside over other jurists and pass judgements in accordance to the laws he cannot keep himself...

Nigeria is just a trajic comedy.

tempest01:
Yes I saw the clause in the constitution that allows Buhari luckily for tanko to swear him in without the NJC.


But the appeal court or cct to suspend the CJN? Where did they get the powers from?

From their butt hole

hardeycute:
Bookmarked for that new loophole

Smart man!

MetaPhysical:


Smart man!

I laughed at you when you highlighted the section 4 and ignored the section 5

MetaPhysical:


The Constitution has many loopholes. Bright lawyers exploit the loopholes to win cases. A new loophole will come to play on April 23rd, don't fret.

Yes, I agree with you. I'm sure there'll be another spin to it. Till then, Acting CJN Tanko is a goner by April 23, if the CCT fails to convict CJN Onnoghen before then.

hardeycute:
I laughed at you when you highlighted the section 4 and ignored the section 5

Relevance to the issue I responded to, not generally meant to cover the subject under discussion.

Who also didn't read the sections those guys quoted?

Osyxcel:


Yes, I agree with you. I'm sure there'll be another spin to it. Till then, Acting CJN Tanko is a goner by April 23, if the CCT fails to convict CJN Onnoghen before then.

Nothing stops the President from replacing him with the next most senior Justice. He will still get his 2/3 in Senate. Senators are looking for his goodwill and will dare not oppose him at this critical time in political transition.