The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria, Justice Muhammad Tanko, comes to an end, SUNDAY PUNCH has learnt.

Muhammad was inaugurated by President Muhammadu Buhari on January 25, 2019 following an order by the Code of Conduct Tribunal that the substantive CJN, Justice Walter Onnoghen, be suspended and the next in line of seniority, be sworn in.

However, the constitution states that the President cannot re-appoint an acting CJN unless on the recommendation of the National Judicial Council.

Onnoghen and Muhammad are facing a probe by the NJC, the body responsible for the discipline and appointment of judges.



While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law, the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution.

Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing.

Buhari will only be able to extend Justice Muhammad’s tenure if the NJC sends his name to the President for confirmation.

The President will subsequently be expected to send his name to the Senate for confirmation.

Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension, the NJC would have to extend the tenure of Justice Muhammad, who is also being probed by the council.



He said, “The Constitution will not allow a vacuum in any instance. It says the most senior judge will take over as acting CJN. After three months, the NJC can recommend another three months. He has no definitive tenure. It only said if the position is not vacant, the most senior must act.

“The NJC can recommend Tanko (Muhammad) again. I know the NJC will do the right thing. They know more than you and I, they know what to do. The constitution says the most senior. So, the NJC cannot recommend just anyone. Let’s not speculate.”

Also speaking with our correspondent, human rights lawyer, Jiti Ogunye, believed there would be no constitutional crisis because Nigeria always found its way out of such issues.



Ogunye added, “The point is when that time comes, a way would be found. The NJC that is still grappling with the issue of the treatment meted to Onnoghen, which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President, is that the same NJC that will have time that will be considering what will happen to him in three weeks?”


source https://punchng.com/constitutional-crisis-looms-as-cjns-tenure-ends-in-three-weeks/

Time will tell..

There won't be any. A President who has worked most part without the constitution will not have a crisis if any arises.

Richdad

Buhari will renew his tenure with or without the NJC.



God bless Nigeria

I pray he is not reappointed for peace to reign.

We are watching

Failed State .

Buhari Buhari Buhari.......go and ask, nobody messes with Nigerian's, if you doubt me go and ask that MMM guy relatives in Russia.

Election rigging ploy.

It's a big lie that govt fight against corruption necessitated the humiliation of a CJN whose retirement would be due immediately after the 2019 general election.

Ploy to make sure president Buhari goes for second term led to the humiliation of the CJN.

fk001:
Buhari will renew his tenure with or without the NJC.



God bless Nigeria

Failed lawless country.

Confusion confusion

Anything that happens, let it happen.
Nigeria is now a joke even Ghana and Cameroun are deporting us from their Country

If you see kiabo biabia they lock am for jail for ABUJA gbosagbosa gunshot na the air jagajaga

DAVEZONIGLTD:
Time will tell..

APC should be careful and be sober, else PDP could stage a surprise.

Buhari is a failure therefore everything should fail too

Military dictators who supervised Nigeria's constitution refused to permit the adoption or practice of Islamic Sharia penal codes in the 1999 constitution.


Confirming the appointment of the Sharia penal Law specialist Muhammadu to replace this CJN is a sign of a bad omen facing Nigeria.

No where to hide!

Kingspin:
Buhari is a failure therefore everything should fail too

my brother watch your mouth before...

Buhari will be shamed finally

fk001:
Buhari will renew his tenure with or without the NJC.



God bless Nigeria

That is why Nigeria is a shithole

The only time Buhari will obey rule of law is if northerner will occupy the position

Tosdam:
There is always a way out na... No cause for alarm...

.


How much is this canvas

studio14:
If you see kiabo biabia they lock am for jail for ABUJA gbosagbosa gunshot na the air jagajaga

I thought it's Keyamo na

Georgry:


However, the constitution states that the President cannot re-appoint an acting CJN unless on the recommendation of the National Judicial Council. /

Trouble indeed

That is what our judiciary has turned into. Protecting the corrupt elements among themselves and playing politics with justice.

Why has NJC not fast track their decision on the CJN and acting CJN knowing fully well that their actions will put the country into constitutional crises. The same way they play the politics until the CCT order immediate suspension of the CJN.

When judiciary and legal professionals practice esprit de corps for their members, most especially their executives and senior colleagues, there cannot be independent judiciary and fair judgement in land.

PMB will appoint himself as d Chief Justice of Nigeria (CJN)

darelar:
.


How much is this canvas

Kindly connect me on whatsapp via the number sir... Thank you....

If mohammed tenure expires there is always another most senior to be recommended.