May leave office in six weeks
• Lawyer sues Buhari, NJC, others
• ‘Delayed confirmation may hurt judicial reforms’
About one and a half months after Justice Walter
Onnoghen was sworn in as the acting Chief Justice
of Nigeria (CJN), hopes that his appointment would
be confirmed are getting dimmer.
Onnoghen was appointed the acting CJN by
President Muhammadu Buhari on November 11,
2016 following the retirement of the immediate past
CJN, Mohammed Mahmud on November 10.
This is the first time the holder of the office would
be appointed in acting capacity for such a length of
time in recent times. He now has till February 10,
2017 to get his appointment validated by the
National Assembly or be removed from office.
Section 321 (5) of the 1999 Constitution as amended
stipulates that any person so appointed “shall cease
to have effect after the expiration of three months
from the date of such appointment, and the
President shall not re-appoint a person whose
appointment has lapsed”, meaning that Justice
Onnoghen, if not confirmed, would leave the office.
Stakeholders are deeply concerned that the
uncertainty over whether Onnoghen would be the
substantive CJN or not, might impede justice
administration and judicial reforms in the country.
This development also confirms worries from
different quarters that there are grand plots to deny
justices from the Southern part of Nigeria the
opportunity of heading the apex court. The next in
rank to Justice Onnoghen is a Northerner, Justice
Ibrahim Tanko Muhammad from Bauchi State.
The last time a Southerner headed the apex court
was in 1985, when Justice Ayo Gabriel Irikefe held
sway. Since then, the North has produced virtually
all the CJNs. Justice Mohammed Bello took over
from Irikefe from 1987 to1995. Justice Muhammadu
Lawal Uwais served between 1995 and 2006; Justice
Salisu Modibo Alfa Belgore (2006-2007), Justice Idris
Legbo Kutigi (2007-2009), Justice Aloysius Iyorgyer
Katsina-Alu (2009-2011), Justice Aloma Mariam
Mukhtar (2012-2014) and Justice Mahmud
Mohammed who began to serve from 2014 till
November 10, 2016.
Underscoring the seriousness of the issue, a Lagos
lawyer, Chief Malcolm Omirhobo has filed a suit at
the Federal High Court, Abuja asking the court to
compel President Muhammadu Buhari to forward
Onnoghen’s name to the National Assembly for
confirmation.
Respondents in the suit are Buhari, attorney general
of the federation, federal judicial service
commission, Justice Onnoghen and the National
Judicial Council (NJC).
Among other prayers, the plaintiff wants the court
to declare that by Section 231(3) of the 1999
Constitution, the first respondent as the head of the
executive arm of government cannot handpick and/
or choose who he wants to be the head of the
judicial arm of government.
A retired Justice of the Supreme Court, Olufunlola
Oyelola Adekeye, is unhappy with the development.
According to her, the appointment of Onnoghen in
acting capacity may affect reforms in the judicial
sector.
Speaking to The Guardian, Justice Adekeye, who
retired from the Supreme Court in October 2012,
having attained the mandatory retirement age of 70
years, maintained it would be difficult for a CJN in
acting capacity to introduce reforms in the judicial
sector since he is not sure of his time frame in
office.
She said: “When you have an acting CJN, who can
be removed at any time, he will lay down whatever
he wants to do as a substantive CJN but will wait
until he is appointed properly.
“It is very important. When you have a solid tenure
of office and you know what to do, you can swing
into action.”When your tenure is not certain, you
do not know what to do. That surely will affect the
Nigerian judiciary; not only in the dispensation of
justice but in several other ways.

Source: m.guardian.ng/news/onnoghens-job-as-cjn-hangs-in-the-balance/