• Revealed: President asked ministers to respond to allegations that they sought judgments in favour of APC

By Davidson Iriekpen

With less than a week left for the incumbent Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed to retire, the time to appoint a successor is fast running out for President Muhammadu Buhari.

Investigations by THISDAY have also revealed that the president may have queried two of his ministers – Rotimi Amaechi and Ogbonnaya Onu – over allegations that they tried to influence the outcome of Supreme Court rulings on the election appeals for Rivers, Akwa Ibom, Abia, Ebonyi and Ekiti States.

Justice Mohammed will retire on November 10when he will turn 70, the mandatory retirement age for justices of the Court of Appeal and the Supreme Court.
By virtue of Section 231 of the 1999 Constitution, it is the prerogative of the president to appoint a CJN.

Section 231(1) explicitly provides: “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 (NJC), subject to confirmation of such appointment by the Senate.”
At its emergency meeting held on October 11, 2016, the NJC had recommended Justice Walter Samuel Onnoghen for consideration as CJN.

If his name is submitted and he is confirmed by the Senate, Onnoghen will be the first person from the southern section of the country to occupy the post in almost three decades. Justice Ayo Irikife was the last southerner to occupy the post of the CJN between 1985 and 1987.

However, with less than a week to the retirement of Justice Mohammed, the president is yet to forward the name of his nominee to the Senate for clearance. This can still be done within the next few days, however.
Going by convention, the most senior justice has always been appointed CJN. In this regard, Justice Onnoghen is favoured to emerge as the next CJN.

However, in law, the president is not bound to accept his nomination. He also cannot bypass the council in making the appointment.

If for any reason, the president does not want to appoint the recommended justice, he is at liberty to ask the NJC to recommend to him another suitable candidate for the office.

A source at the Senate told THISDAY that the Senate president was yet to receive any letter from the president regarding the appointment of a new CJN.

Section 230(4) of the Constitution is also instructive. It provides that “if the office of the 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”.

Investigations have also reveal that Buhari may have queried two of his ministers over the allegations that they approached Supreme Court justices to influence the court to deliver favourable judgments for the All Progressives Congress (APC) in the election appeals from Rivers, Abia, Ebonyi, Ekiti and Akwa Ibom States.

Presidency sources revealed that during the CJN’s meeting with Buhari last month on the arrest of seven judges by the Department of State Security (DSS), Justice Mohammed reportedly orally informed the president of the attempt to induce the judges.

He told Buhari that his ministers, among others, alleged that they were acting on the instruction of the president.
Justices Inyang Okoro and Sylvester Ngwuta of the Supreme Court were two of the seven justices who were arrested by the DSS. However, after they were granted bail, the two Supreme Court judges, in separate letters to the CJN, blamed their arrests on their refusal to yield to demands by Amaechi, Onu and other APC chieftains to give favourable judgments to the governorship candidates of the ruling party in the five states.

Following the revelation, Buhari was reported to have informed Justice Mohammed that he had nothing to do with the allegations, but asked the CJN to put it in writing.
On receiving the CJN’s letter against his ministers, Buhari, a source confirmed, queried Amaechi and Onu to respond to the weighty allegations.

The president’s position was in line with a statement issued by the presidency on October 30, when it advised journalists and other Nigerians to stop linking Buhari to the legal travails of the arrested judges in the country.
A statement by the Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, had said Buhari would be the last person to authorise anybody to induce a judge to pervert the course of justice.

However, the CJN’s decision to report the affected ministers to the president has not gone down well with them, as they are now hell bent on extracting their pound of flesh from the judiciary and the Supreme Court for daring to report them to their boss.

It was learnt that the desire to exact revenge informed the filing of the charges against the Chief Registrar of the Supreme Court Gambo Saleh by the Office of the Attorney General of the Federation (AGF) and Minister of Justice.

Owing to the strained relationship between the executive and the judiciary, the AGF has in recent times boycotted events organised by the Supreme Court.

One of such events was the valedictory session held in honour of a retired Supreme Court justice, Sueliman Galadima. It has always been the tradition of the AGF to attend and deliver a speech on such occasions. But the AGF did not attend and neither did he send a representative.

Meanwhile, the Special Adviser, Media and Publicity to the president, Mr. Femi Adesina, has offered reasons why members of the ruling APC and those in the president’s cabinet have not been prosecuted for corruption.
The presidential spokesman, who spoke on a radio programme, Sweet F.M’s Podium in Abeokuta, further maintained that the federal government’s anti-corruption fight was not selective.

According to him, the APC chieftains and appointees were not being prosecuted because no evidence had been put forward indicting them of being involved in corrupt practices.

“The onus lies on he who alleges to also prove (the allegation),” he said.

“The fact that any PDP member crosses to APC does not provide automatic shield. Whoever is indicted will be prosecuted,” he added.

On the arrest of the judges, Adesina said the raid on judges was only a raid on corruption and not the judiciary.
“Mr. President has said it all. No one is out to intimidate the judiciary. The DSS raid was a raid on corruption, not the judiciary,” he said.

http://www.thisdaylive.com/index.php/2016/11/07/vacuum-looms-in-judiciary-as-buhari-yet-to-accept-recommendation-of-new-cjn/

Baba you need to profile them very well

Most of them are corrupt

I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

sarrki:
Baba you need to profile them very well

Most of them are corrupt

Sorry your baba does not get chose the new CJN, rather the NJC does

kcnwaigbo:

Sorry your baba does not get chose the new CJN, rather the NJC does

He makes the final choice

He approves, while NJC recommend

Confused Government


Hunger Ravaging our Lands

Nominate a Northerner and see how he will accept him within two hours

sarrki:


He makes the final choice

He approves, while NJC recommend

He does not make any choice, his role is ceremonial just in the same way the CJN swears him in.The CJN cannot say he will not swear in the president-elect because he dosent like his face.Likewise the president cannot say he will not forward the name of the CJN- designate to the Senate. It is an impeachable offence.Worst thing that will happen will be the Senate stripping him of the powers to forward the names of the CJN to them

The constitution says he will forward the name to the Senate. It does not give him the powers to reject any name. We might be heading for another doctrine of necessity in the swearing in of the next CJN

phemmie06:
Nominate a Northerner and see how he will accept him within two hours

] wanted to say same...just nominate like 5 of them and let him choose...

And ofcourse the candidate should be from the apc....

sarrki:
Baba you need to profile them very well

Most of them are corrupt

Meaning?

The new CJN is not going to be anyone else but Justice Onnoghen, anything short of this...


I dearly hope he will not listen to the trio of demons (Kyari, Daura & Babachir) who are hellbent on "helping him mess up" the favour the gods have bestowed on him & the faith Nigerians have reposed in him... They are not the president, good or bad, it's his name on the line..

In all of his tribunal waka, Justice Onnoghen has stood with with him... He should 'menba dat!!

kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

make senate amend constitution? it is well ooo, where you read your law?
pmb, must you waste time on everything, send his name or reject and seek for another, ojo is going abeg.

Ok

modath:

KC, you don start bah? Is it not American system we dey adopt? Who dey nominate for US? & also understand that the president can refuse to accept whoever NJC recommends & ask that they give him another... Get informed.
That something is convention/ established practise does not make it sacrosanct in law.. However, I hope Buhari will not deviate from this established norm...It will be another blow to the goodwill he + his handlers are frittering away..
This una Buhari hatred & bias na strong ting! Nor dey make una know wetin fit possible & wetin be nonsense..

In your own words and way, you are faulting Buhari, but when others do, it is termed hatred

kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

KC, you don start bah? Is it not American system we dey adopt? Who dey nominate for US? & also understand that the president can refuse to accept whoever NJC recommends & ask that they give him another... Get informed.

That something is convention/ established practise does not make it sacrosanct in law.. However, I hope Buhari will not deviate from this established norm...It will be another blow to the goodwill he + his handlers are frittering away..

This una Buhari hatred & bias na strong ting! Nor dey make una know wetin fit possible & wetin be nonsense..

sarrki:
Baba you need to profile them very well

Most of them are corrupt

I concur

kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

KC Goodmorning Ooo

kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

You think it is easy to ammend the constitution? Sop joking biko

OlujobaSamuel:
make senate amend constitution? it is well ooo, where you read your law?
pmb, must you waste time on everything, send his name or reject and seek for another, ojo is going abeg.

The president does not have the powers to reject the CJN-nominee.Likewise the CJN does not have the powers to reject the president-elect

Mynd44:

You think it is easy to ammend the constitution? Sop joking biko

We have already seen it happen!!! At worst the doctrine of necessity will be invoked!!! If you think the NASS or the rest of the country will sit by and watch it happen, you are on a Long thing

Mynd44:

You think it is easy to ammend the constitution? Sop joking biko

You are a learner... Justice, Gov, Sen, Honourable KC is talking, you are arguing, wetin you know?.. He will assent if Buhari doesn't

kahal29:


KC Goodmorning Ooo

Yesooo Good morning my dear. How is our friend Uche Ogah and his certificate of return doing.BTW the case at the appeal court in the ondo debacle resumes today

There won't be vacuum as its never happened. The president will do the needful.

modath:


KC, you don start bah? Is it not American system we dey adopt? Who dey nominate for US? & also understand that the president can refuse to accept whoever NJC recommends & ask that they give him another... Get informed.

That something is convention/ established practise does not make it sacrosanct in law.. However, I hope Buhari will not deviate from this established norm...It will be another blow to the goodwill he + his handlers are frittering away..

This una Buhari hatred & bias na strong ting! Nor dey make una know wetin fit possible & wetin be nonsense..

The constitution does not give the president the powers to reject or nominate anyone else. His role in the appointment of the CJN is purely passive and ceremonial.

modath:


You are a learner... Justice, Gov, Sen, Honourable KC is talking, you are arguing, wetin you know?.. He will assent if Buhari doesn't

Did they seek his consent before amending the Cct law?

Baba should just stick to what is obtained

kcnwaigbo:

We have already seen it happen!!! At worst the doctrine of necessity will be invoked!!! If you think the NASS or the rest of the country will sit by and watch it happen, you are on a Long thing

Doctrine of necessity invoked in a matter of constitutional amendment?

Good Lawd, do you know what you are typing?

FYI, a constitutional amendment requires 2/3 of 2/3.

Dont ask me to explain that. If you dont get it, you won't

kcnwaigbo:

Did they seek his consent before amending the Cct law?

And who assented to it? I hope you will be the person signing it into law.

They can as well drop that illegality in the thread because no one cares

OK

Mynd44:

And who assented to it? I hope you will be the person signing it into law.

They can as well drop that illegality in the thread because no one cares

Are you ignorant or just feigning it? The NASS does not need the consent of the president to pass any amendment into law.2/3 of the NASS will override any presidential veto and pass any amendment into law. I bet you it will be very easy to get 2/3 of the NASS in this very case

modath:


KC, you don start bah? Is it not American system we dey adopt? Who dey nominate for US? & also understand that the president can refuse to accept whoever NJC recommends & ask that they give him another... Get informed.

That something is convention/ established practise does not make it sacrosanct in law.. However, I hope Buhari will not deviate from this established norm...It will be another blow to the goodwill he + his handlers are frittering away..

This una Buhari hatred & bias na strong ting! Nor dey make una know wetin fit possible & wetin be nonsense..

Well said sis

phemmie06:
Nominate a Northerner and see how he will accept him within two hours

baba will do the needful

I strongly believe and trust is judgements

I won't be a party to

Executive arm north (pmb)

Legislative arm north (Saraki )

Then judiciary again north no no no

modath:


Meaning?

The new CJN is not going to be anyone else but Justice Onnoghen, anything short of this...


I dearly hope he will not listen to the trio of demons (Kyari, Daura & Babachir) who are hellbent on "helping him mess up" the favour the gods have bestowed on him & the faith Nigerians have reposed in him... They are not the president, good or bad, it's his name on the line..

In all of his tribunal waka, Justice Onnoghen has stood with with him... He should 'menba dat!!

Yes oh I agree. He will most likely do needful. He has already compensated one of them who also stood by him with ambassadorial position. I mean Justice Oguntade.. .. So I believe Onnoghen is next

kcnwaigbo:

Are you ignorant or just feigning it? The NASS does not need the consent of the president to pass any amendment into law.2/3 of the NASS will override any presidential veto and pass any amendment into law. I bet you it will be very easy to get 2/3 of the NASS in this very case

No. The senate cannot on its own ammend the Constitution. It is illegal. They need the input of the States house of assembly