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| Justice Walter Nkanu Onnoghen |
A Federal
High Court sitting in Abuja has been urged to compel President Muhammadu Buhari
to appoint the current acting Chief Justice of Nigeria (CJN), Justice Walter
Nkanu Onnoghen, as the substantive CJN. A Lagos-based lawyer, Chief Malcolm
Omirhobo, in the suit filed against the president, the Attorney General of the
Federation and the Federal Judicial Service Commission (FJSC), is also praying
court to compel Buhari to transmit a letter to the Senate for Onnoghen’s
consideration and confirmation. He urged the court to declare that Onnoghen’s
appointment in acting capacity by the president is “an aberration, a violation
of the principle of separation of powers, an affront and erosion on the
independence of the Nigerian Judiciary, an abuse of constitutional powers,
illegal and unlawful.”
Also
joined as defendants in the suit brought pursuant to Order 3 Rules 6, 7 and 9
of the Federal High Court (Civil Procedure) Rules 2009 are Justice Onnoghen,
and the National Judicial Council (NJC). The plaintiff, who sued in his
personal capacity and on behalf of the generality of Nigerians, also prayed the
court to compel the president to uphold the principle of separation of powers
and rule of law and restrain the president from further eroding on the
independence of the Nigerian judiciary being the third arm of government.
According
to the plaintiff, by virtue of Section 231(1) of the 1999 Constitution the 1st
defendant (president) in exercising his powers to appoint the CJN must act on
the recommendation of the 5th defendant (NJC). Omirhobo stated further that by
virtue of Section 231(3) of the 1999 Constitution, the 1st defendant as the
head of the executive arm of government cannot hand pick and and/or choose who
he wants to be the head of the judicial arm of Nigerian government.
He also
wants the court to determine whether the qualification, assessment and
evaluation necessary for the appointment of the CJN are the exclusive preserve
of the FJSC (3rd defendant) and NJC (5th defendant)?
Among
others, the plaintiff wants the court to determine: “Whether by virtue of
Section 231(1) of the 1999 Constitution, the president in exercising his powers
to appoint the NJC must act on the recommendation of the 5th defendant?
- i. “Whether by virtue of Section 231(3) of the 1999 Constitution, the 1st defendant as the head of the executive arm of government can hand pick and/or choose who he wants to be the head of the judicial arm of Nigerian government?
- ii. “Whether the judicial arm of government of Nigeria is an appendage of the Nigerian executive arm of government?
- iii. “Whether the period from 13/10/2016 when the 4th defendant was recommended to the 1st defendant for the appointment to the office of the CJN to 09/11/2016 when the outgone CJN retired was adequate time for the 1st defendant to appoint the 4th defendant and transmit same to the Senate for consideration and confirmation?
- iv. “Whether in the face of Section 231(2) of the 1999 Constitution, the preconditions for the appointment of a person to the office of a Justice of the Supreme Court of Nigeria made by the 1st defendant on the recommendation of the 5th defendant are same as those required by Section 231(1) of the 1999 Constitution in the appointment of the CJN by the 1st defendant?”
SOURCE: ThisdayNews
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