EXCLUSIVE: Buhari Writes Osinbajo From UK To Settle Major Controversy, Tension In The Polity

TheCable - President Muhammadu Buhari has asked Vice-President Yemi Osinbajo to forward the name of Walter Onnoghen, acting chief justice of Nigeria (CJN), to the senate for confirmation.

In a letter seen by TheCable, Buhari said the name should be transmitted to the upper legislative chamber before February 10 when Onnoghen’s tenure in acting capacity would elapse.

“Your Excellency may recall that I sent a letter dated 10th November, 2016, to Honourable Jutice Walter Samuel Nkanu Onnoghen CFR, appointing him as acting chief justice of the Federal Republic of Nigeria,” the letter read.

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“His acting appointment is due to lapse on the 10th of February, 2017. I am therefore, authorising you to write to the Distinguished Senate, in conformity with section 231 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended, requesting for the confirmation of the same Honourable Jutice Walter Samuel Nkanu Onnoghen CFR, as the substantive Chief Justice of the Federation with effect from the date of the senate confirmation.

“Please accept, Mr Acting President, the assurances of my kind regards.”

There have been controversies over the delay in the confirmation of Onnoghen, who is the first individual from the south to attain that height in 30 years.

Ayo Irikefe was the chief justice of Nigeria between 1985 and 1987, and he was succeeded by Mohammed Bello.

The delay in confirming Onnoghen had sparked controversy, with many accusing the president of ethnic bias.

Abubakar Dangiwa Umar, former military governor of Kaduna state, had urged the senate not to confirm any nominee apart from Walter Onnoghen.

Onnoghen had appreciated the interest of Nigerians in the issue, but called for restraint.

“Nigerians should allow President, Muhammadu Buhari, GCFR, a free hand to perform his constitutional duties concerning the appointment of a substantive chief justice of Nigeria,” he had said in a statement issued on his behalf by Awassam Bassey, his media aide.

On Monday, TheCable conducted a poll on whether Osinbjao should forward Onnoghen’s name to the senate.

Majority of the respondents voted in support of the idea.

Buhari is currently on medical vacation in the UK.

At Last, Presidency Clears Onnoghen As Substantive CJN

The Acting Chief Justice of Nigeria (CJN) Walter Onnoghen has finally been cleared of all gray areas bedeviling his confirmation in a substantive capacity. 

The Presidency may send his name to the Senate for confirmation “any moment from now”, a report according to The Nation Newspaper says

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Onnoghen's nomination may either be sent by President Muhammadu Buhari or Vice President Yemi Osinbajo, depending on when the President’s vacation ends. He has asked for an extension, The Nation further says

A security report on Justice Onnoghen is said to have been centred on “the fact that he is reform-minded and suitable for the anti-corruption agenda of the Buhari administration”.

The Presidency is believed to have received the report.

A government source said: “All hurdles against the nomination of Justice Walter Onnoghen as CJN have been resolved. He has been absolved of all allegations against him.

“As a matter of fact, the nomination was delayed as a result of the need to address these allegations. Now, Justice Onnoghen has been given a clean bill of health.

“Every allegation was investigated and proofs indicated that Onnoghen has no case to answer. The government went to this extent to ensure that the holder of the office of CJN is above board.”

The source dismissed the insinuations that the delay in nominating Justice Onnoghen had to do with his being a Southerner.

“There were issues against him and it became imperative to get to the roots of these allegations,” he said, adding: “More IMPORTANTLY, the outcome of the security checks rated Onnoghen as ‘reform-minded and suitable for anti-corruption agenda of Buhari administration’.

Justice  Onnoghen’s appointment as Acting CJN will end on February 10.

Justice Onnoghen underwent security checks by the Department of State Services (DSS) and other agencies in the light of the ongoing probe of some judges of the Supreme Court.

Some of the checks focused on:

Justice Onnoghen’s antecedent as a lawyer.

What the 1994 Justice Kayode Eso (JSC) panel said on Onnoghen

How NJC Review Committee of 1999 on the Eso Panel’s report, headed by Justice Bola Babalakin(JSC), addressed issues against Justice Onnoghen

Outcome of recent investigation of bribery allegations against some Supreme Court Justices  by the DSS

Recommendations of the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC) on Onnoghen.

Another government source added: “These agencies sent independent  confidential assessment to the President on the credibility and competence of Justice Onnoghen.

“Some  of the allegations bordered on observations  made on Onnoghen  in 1994 by a Judicial Reform Panel which was headed by late Justice Kayose Eso (JSC).

“The panel, which was raised by the late Head of State, Gen. Sani Abacha, indicted 47 judges and recommended their dismissal or retirement from the bench.

“Members of the National Judicial Council (NJC) however rose in favour of Justice Onnoghen by producing evidence that Justice Bola Babalakin Review Panel, set up ex-President Olusegun Obasanjo, cleared Justice Onnoghen in 1999.

“They said it was on the basis of the clean bill of health that the NJC strongly recommended the confirmation of Onnoghen as the Chief Justice of Nigeria.”

The source also said further checks revealed that Justice Onnoghen had been incorruptible.

The source added: “Onnoghen was also rated as a conscientious judge and one of the three justices who wrote dissenting judgement on the 2007 Presidential Election in favour of the then candidate of the then All Nigeria Peoples Party (ANPP), Gen. Muhammadu Buhari.

“The other judges were Justice Oguntade and ex-CJN Mariam Aloma Mukhtar.

The tenure of the immediate past  CJN, Justice Mahmud Mohammed, ended on November 10.

Both the Federal Judicial Service Commission (FJSC) and the National Judicial Council (NJC)  recommended Justice Onnoghen to President Muhammadu Buhari as the Chief Justice of Nigeria (CJN).

But the President appointed Justice Onnoghen as Acting CJN, a development which drew much criticism.

The appointment of CJN is always in accordance with Section 231 of the 1999 Constitution, but subject to confirmation by the Senate.

The section says: “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 the confirmation of such appointment by the Senate.

“A person shall not  be qualified to hold the office of CJN or of 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 15 years.

“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 the office has resumed those functions, the President shall appoint the most Senior Justice of the Supreme Court to perform those functions.

“Except on the recommendation of the NJC, 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 reappoint a person whose appointment has lapsed.”

Obono-Obla: Appointment Of The Acting Chief Justice Of Nigeria Be Extended

There have been a lot of commentaries and opinions in the media recently by lawyers and interest groups giving the impression that the appointment of the Acting Chief Justice of Nigeria cannot be renewed. Perhaps, the commentators did not avert their minds to the provision of Section 231 (5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). 

By the provisions of Section 231 (5) of the Constitution of the Federal Republic of Nigeria (supra), the appointment of the Acting Chief Justice of Nigeria through the recommendation of the National Judicial Council can be extended after the expiration of the three months which an acting appointment is stipulated to last. Section 231 subsections 1, 2, 3, 4 & 5 of the Constitution is reproduced here for the purpose of clarity and emphasis thus: 

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.

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2. The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of 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 practise 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 functio

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.

It is well settled in law that whole sub-paragraphs of a Section of the Constitution must be read and construed holistically in order to infer the intention of the makers of the constitution. 

It follows that the National Judicial Council has the power to make a recommendation to extend the appointment of the Acting Chief Justice of Nigeria after the expiration of three months in an acting capacity by virtue of Section 231 when read together with subsections 1, 2, 3, 4 & 5 of the Constitution.   

In conclusion, the appointment of the Acting Chief Justice of Nigeria can be extended after the lapse of three months contemplated by Section 231 subsection 5 of the Constitution.

OKOI OBONO-OBLA

TENSION Over NJC: Osinbajo Move To Confirms Onnoghen In All Night Meeting With Ag CJN, Reveals Security Report That Delay His Confirmation

Leadership - From all indications, it appears that President Muhammadu Buhari has now resolved to appoint Justice Walter Onnoghen as the substantive chief justice of Nigeria.

Since Justice Onnoghen was sworn in by President Buhari as the acting chief justice of Nigeria (CJN) on November 12, 2016, there has been concern over whether Onnoghen would become substantive CJN since the president was yet to forward his name to the Senate barely a week to the end of the three months that he can hold the post on acting capacity.  The period expires on February 7, 2017.

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However, an impeccable source close to the presidency, who asked not to be named, told LEADERSHIP that the presidency and the attorney-general of the federation and minister of justice had a meeting with Justice Onnoghen at 2am last night.

“They presented to Onnoghen the dossier the security agencies have on him to go through, showing why they delayed to confirm him.  He would have to guard against some of these things when he takes full charge of the judiciary,” the source said.

With this development, acting President Yemi Osibanjo will forward a letter on behalf of President Buhari to the Senate for Justice Onnoghen’s confirmation any moment from now.

LEADERSHIP Friday recalls that the National Judicial Council (NJC) headed by the immediate past CJN, Justice Mahmud Mohammed, had on  October 12, 2016, recommended and forwarded Onnoghen’s name to the president for appointment as the next CJN in line with Section 231 (1) of the 1999 Constitution (as amended).

By the virtue of this provision, the president is to forward NJC’s recommendation to the Senate for confirmation. This and other conditions related to the CJN’s appointment, such as security screening, were left hanging till the day the then CJN, Justice Mohammed, was to retire after attaining the compulsory retirement age of 70 years on November 10, 2016.

Consequently, President Buhari swore in Justice Onnoghen who was the most senior justice of the Supreme Court as the acting CJN in line with Section 231 (4) of the 1999 Constitution, as amended.

However, the delay by President Buhari to forward Onnoghen’s name to the Senate for confirmation and subsequently to appoint him as the substantive CJN began to generate heat in the polity and drew reactions from some individuals and groups in the country.

Federal lawmakers from Cross River State under the aegis of Cross River Lawmakers Caucus had on Tuesday raised concerns that for “exactly two months and 15 days, the presidency has delayed and withheld to forward his name to the Senate for confirmation as CJN as required by Section 231(1) of the 1999 Constitution as amended.”

On January 28, 2017, former president of the Nigeria Bar Association, Chief Wole Olanipekun, SAN, warned the federal government against the creation of a hazardous uncertainty in the polity by the president’s refusal to transmit Onnoghen’s name to the Senate for confirmation as the substantive CJN, saying the Buhari government was setting a dangerous precedent by causing Onnoghen to linger on the post of acting CJN since November 10 last year

But faulting Olanipekun, the chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), declared that President Buhari was not bound to ratify Onnoghen’s name as recommended by the NJC. He specifically said that since Buhari was neither a rubber stamp of the NJC, ‘nor a robot for the conveyance of a recommendation from the NJC to the Senate’, Onnoghen’s recommendation, or that of any other name, did not give him automatic entitlement to the CJN  chair.