₦airaland Forum

A senior lawyer, Chief Agegboyega Awomolo SAN has warned that Nigerian Judiciary may face total paralysis if President Muhammadu Buhari refuses to send the name of the acting Chief Justice of Nigeria, Justice Walter Onnoghen, to the Senate for confirmation as the substantive Chief Justice.

In a letter to the Attorney General of the Federation, Mallam Abubakar Malami SAN, Awomolo gave a detailed legal and historical analysis of the appointment of Chief Justices of Nigeria since 1914 and warned of dire consequences if President Buhari fails to do the needful before February 10, 2017.

“The President, with respect, after recommendation of the NJC, has no executive function in the determination of who to appoint as the Chief Justice outside the recommendation of the National Judicial Council. He is not to screen, interview, subject to administrative or executive scrutiny. The President is ceremonially required to pass the recommendation of the National Judicial Council for confirmation by the Senate of the Federal Republic of Nigeria any person recommended to him”, Awomolo argued.

Read full details of of of letter below:

http://thenigerialawyer.com/total-paralysis-looms-in-nigerias-judiciary-awomolo-san/


http://www.lawyard.ng/expect-total-shutdown-in-the-nigerian-judiciary/

Lalasticlala, seun.



Excerpts of the letter:
24th January, 2017

The Honourable Attorney-General of
The Federation and Minister of Justice
Federal Ministry of Justice
Shehu Shagari Way
Central Business District
Abuja.

Your Honour,

APPOINTMENT OF THE HEAD OF THE JUDICIARY UNDER THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED)

I write to share with you my thoughts and experience on the above matter. What has encouraged me to share the thought and experience was the case of Hon. Justice Raliat Elelu Habeeb, Chief Judge of Kwara State & Anor. Vs. The Hon. Attorney-General of the Federation, The Hon. Attorney-General of Kwara State & Anor, reported in (2012) 13 NWLR (Pt. 1318) 423 (SC).

Hon. Justice Mahmoud Mohammed, the Chief Justice of the Federal Republic of Nigeria retired on 10th November, 2016. Before his retirement, the National Judicial Council recommended the most senior Justice of the Supreme Court, Hon. Justice Walter Samuel Nkanu Onnoghen, JSC to the President for appointment as the Chief Justice of the Federation.

The President, on your advice, instead of forwarding his name to the Senate for confirmation appointed Hon. Justice Nkanu Onnogben, JSC as acting Chief Justice of Nigeria, reportedly in pursuance of Section 231 Subsection (4) & (5) of the Constitution of Federal Republic of Nigeria 1999, contrary to the recommendation of the National Judicial Council.

Hon. Justice WSN Onnoghen was sworn in as the acting Chief Justice of Nigeria, and according to Section 231 (5) for a period of 3 months from the date of such appointment.

The spokesperson of the President was quoted at a press interview to say that the Acting Chief Justice of Nigeria, just sworn in, was on probation and if he did well, the President will act appropriately.

This statement in my respectful view, was not the best in accordance with the Constitution of the Federal Republic of Nigeria and the integrity of the Institution, the Judiciary. It diminished the honour, integrity and status of the high office of the head of Judiciary in Nigeria, unfortunately.

Indeed, since 1999, there have been appointed Chief Justices of Nigeria, at least six of them, in seamless succession. Hon. Justices Belgore, Kutigi, Katsina-Alu, Musdapher, Aloma Muktar and Mahmoud Muhammed.

I wish to invite your attention to the above named case which I prosecuted from the High court to the Supreme Court. Happily your office was a party to the decision. It has till date, remained the only decision, authoritative full decision of the Supreme Court on the power of the Chief Executive Officer in the States in the appointment of the Head of the Judiciary and limitations thereof.

The relevant provisions, in respect of the office of the Chief Justice of the Federation is Section 231 (1) – (5), read together with paragraph 21 (1) of the 1st Schedule to the Constitution of the Federal Republic of Nigeria 1999.

Historically, the appointment of Chief Justice of Nigeria in all the Constitutions of the Federal Republic of Nigeria, followed the same pattern from inception of the office of the Chief Justice of Nigeria.

On 1st January 1914, the Governor-General (Sir F. Luggard) on the occasion of the declaration of the Constitution of Colony and Protectorate of Nigeria spoke concerning the appointment of the occupier of the office of the Chief Justice of Nigeria in these Words:


“It is obvious that there can only be one Chief Justice of the Supreme Court of Nigeria, and for this high office, the Secretary of State has selected Sir Edwin Speed, who has experience in both Northern and Southern Nigeria and has been much longer in Nigeria than his colleague Mr. Willoughby Osborne. It gives me great regret that, by force of circumstances, the country will lose the valuable services and ripe experience of Mr. Willoughby Orborne, and I am aware of the high estimation in which his services are held both here and at home. in saying good-bye to Nigeria he will have the satisfaction of feeling that he has discharged the functions of his high office with distinguished success. To His Honour Chief Justice Sir Edwin Speed I tender my congratulations on his appointment and I am confident that, while he holds his high office, the proud traditions of British, Justice will ever be worthily maintained.”

The Richards Constitution i.e. the Nigerian Legislative Council order in Council 1946, and its predecessor of 1921, have no specific provisions on the occupier of the office of the Chief Justice. The Nigerian Constitution Order in Council 1960, (The Independence Constitution), Section 105 (1) – (5) makes provision for the appointment of the Chief Justice by the Governor-General, acting in accordance with the advice of the Prime Minister.

In the Constitution of the Federation 1963, Section 112 (1) – (5) provides for the appointment of the Chief Justice of Nigeria.


The Constitution provides that the Chief Justice of Nigeria shall be appointed by the President acting in accordance with the advice of the Prime Minister.

In the Constitution of the Federal Republic of Nigeria, 1979, Section 211 makes provision that the person to be appointed as the Chief Justice of Nigeria shall be “in the discretion of the President” subject to confirmation of a simple majority of the Senate.

The makers of the Constitution were not comfortable with power and discretion conferred on the President, suspecting possibility of abuse and political consideration hence the provision of the 1999 Constitution created NJC as the technical institution responsible for appointment and discipline of Judicial officers. It provides thus:

“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”

The Supreme Court in the case of Elelu Habeeb vs A. G. Federation and others held that the Chief Executive Officer of the State or the Federation have no absolute powers in the appointment of a Judicial officer. The decision emphasized the word “recommendation” as opposed to “discretion and advice”

The Supreme Court removed doubts as to non existence of executive function in the determination of the eligibility for appointment of the Chief Justice of Nigeria.

The President, with respect, after recommendation of the NJC, has no executive function in the determination of who to appoint as the Chief Justice outside the recommendation of the National Judicial Council. He is not to screen, interview, subject to administrative or executive scrutiny. The President is ceremonially required to pass the recommendation of the National Judicial Council for confirmation by the Senate of the Federal Republic of Nigeria any person recommended to him.


Hon. Justice Adekeye JSC at page 521 EG stated the law as follows:

“Thus, the entire provisions of the 1999 Constitution in Sections 153(i), (ii), 271(1), 292(1)(a)(ii) and paragraph 21 of part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 dealing with the appointment, removal and exercise of disciplinary control over judicial officers must be read, interpreted and applied together in solving the issue of whether or not the Governor of a State and the House of Assembly of a State can remove a Chief Judge of a State in Nigeria without any impute of the National Judicial Council. This is because the combined effect of these provisions of the Constitution has revealed very clear intention of the framers of the Constitution to give the National Judicial Council a vital role to play in the appointment and removal of the judicial officers by the Governors and Houses of Assembly of the State.” Underline mine.

Hon. Justice Mahmud Mohammed, JSC who presided and read the leading Judgment of the court succinctly puts the interpretation of the Constitution thus:
“It is quite plain from the provisions of paragraph 21, sub paragrapgs (c) and (d) of part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999, that the National Judicial Council is the body that has been assigned the duty and responsibility of recommending to the Governors of the States of the Federation suitable persons for the appointment to the offices of Chief Judges of the States and other Judicial officers in the States. In addition to its role in the appointment of Chief Judges in the States and other judicial officers, the same National Judicial Council is also empowered under sub-paragraph (d) of the paragraph 21 to recommend to the Governors of the States the removal from office of the Chief Judges of the States and other judicial officers of the States and also to exercise disciplinary control over such Chief Judges of the States and other judicial officers of the States. Therefore, from these very clear provisions of the Constitution which are very far from being ambiguous, the Governors of the States and the Houses of Assembly of the States cannot exercise disciplinary control touching the removal of Chief Judges of States or other officers in the States.



Going back to Section 271 (1) of the 1999 Constitution, it is also glaringly clear that the National Judicial Council has been given a role to play in the appointment of the Chief Judges of the States where the section states:

It can be seen here again, although the Governor of a State has been vested with the power to appoint the Chief Judge of his own State, that power is not absolute as the Governor has to share the power with the National Judicial Council in recommending suitable persons and the State House of Assembly in confirming the appointment. It is in the spirit of the Constitution in ensuring checks & balances between the three arms of Government that the role of the Governor in appointing and exercising disciplinary control over a Chief Judge of his State is subjected to the participation of the National Judicial Council and the House of Assembly of the State in the exercise to ensure transparency and observance of the rule of law.”

The Hon. Justice Mohammed, indeed specifically outlined the basic function of the NJC, he said:
“The first port of call by the Governor on his journey to remove a Chief Judge of the State shall be the National Judicial Council which is equipped with the personnel and resources to investigate the inability of the Chief Judge to discharge the functions of His office, the subject of disciplinary action of removal through the Committees of the Council and where the infirmity the mind or body of body is involves the services of a medical board to examine and submit appropriate report on the Chief Justice to be affected, could also avail the Council in the process of investigation…………” see page 495

The combined effect of these provisions has revealed very clearly the intention of the framers of the Constitution to give the National Judicial Council the most vital role in the appointment of Judicial officers.

Now coming to the appointment of the Chief Justice of Nigeria, the President as the Chief Executive officer of Nigeria is not the head of the National Judicial Council. He cannot perform the executive functions of the NJC which is equipped with personnel, resources and power to assess the health, qualification and suitability of candidate to be recommended to occupy the office. The President has no ability or executive powers to assess a candidate on the basis of Constitutional requirement of a person recommended. It is the prerogative of the National Judicial Council. The Constitution does not allocate any executive functions to the President and the President cannot appropriate or share the Constitutional function of the NJC.

The President has no power, with respect, to subject the recommendation to his test of ability, suitability and competence. Indeed, the Senate which has the power to confirm the suitability of candidates recommended may examine with the NJC the check list employed by the Council. The Senate can neither subtract nor add to the requirements of the recommended Justice.

With respect, the President cannot substitute his opinion for the Council or the Senate. He performs, from the history of Judiciary, ceremonial role of appointing authority subject to the confirmation of the Senate.

You may wish to see that in 1979 Constitution, the President exercised discretion in the appointment of the Chief Justice of Nigeria.

Besides the 1979 Constitution gives the Federal Judicial Service Commission only power to only advice the President on the Candidate.

Then there is in the amended 1999 Constitution the creation of the National Judicial Council. The establishment of the NJC is to remove the discretion of the President in the appointment of the Chief Justice. Besides, the NJC under the Constitution shall not be subject to the direction or control of any other authority or person.



urge that you consider my experience and thoughts in the determination of the appointment of the Hon. Chief Justice of Nigeria without further delay.

There is around the corner another danger and that is whether from 10th February 2017 the Acting Chief Justice must cease to be in the office of the CJN. Whether the President can, without recommendation of the National Judicial Council appoint another Acting Chief Justice of Nigeria? Whether the Acting Chief Justice or the next most senior Justice of the Supreme Court can presides over the meeting of the Council to determine and recommend another Acting Chief Justice of Nigeria?

Legal practitioners are very concerned because what paralyzed the Rivers State Judiciary is likely to repeat itself at the Federal level, if you fail to properly guide the President.

I urge you to use position as the Chief Law officer of the Federation to secure the future and independence of the Judiciary.

The collapse of the Judiciary is fatal to our nascent democracy and I pray it never fails.

Yours faithfully,

Asiwaju Adegboyega Awomolo, SAN

CC: The President
Nigerian Bar Association
NBA Headquarters
Muhammadu Buhari Way
Central Business District, Abuja

Bunch of clueless leaders playing "Ludo" with our collective destinies....

Rubbish......

Klamour:
This automatically means sack of the whole staff of their respective Faculty of Law and Department of Accounting. Creating further unemployment and gross loss of jobs.
I'm aware that the Council of Legal Education regulates universities that offer law courses, using certain criteria to ensure that they are qualified to offer law. If CLE had accredited such faculties based on manpower and facilities, it defeats the power of reason how they are now asked to relief their staff, especially, lecturers of their appointments because it contradicts their mandate. Methinks the best approach is to have their mandates (Acts or Laws) establishing them amended to reflect the current realities, by eliminating Science and Technology in their respective names. Imagine having only UNN (UNEC) offer Law in the whole of Enugu State. Thats worrisome.

You have a point there. I like the angle upon which you hinged your thoughts....

This is quite impressive and commendable. Every Nigerian should be proud of this Lady irrespective of political leanings

May your tenure impact positively on the world!

Congratulations Ma'am!

Xensity:
You are asking this question and questioning your state of mind because your inclinations don't seem normal to you, by dint of their deviation from conventional social mores. But because your inclinations are different from that of most people, does that make it abnormal? No, it doesn't. Actually, there is no such thing as abnormal in the literal sense when it comes to behavioral patterns in humans. Behaviors we label as abnormal are the ones that tend not to conform with the behavior of the majority. But just because majority of people behave in a certain way, doesn't mean anyone that doesn't behave like them has a problem, especially if this behavior isn't inherently noxious.

Thinking the way you do is actually a gift. Not everyone has this gift. People who think like you do are people who revolutionalize their world. All the great scientists and inventors were obsessive thinkers. Most public intellectuals and paradigm shifters of our day are thinkers. You have a curious mind, and best thing to do to a curious mind is to feed it, and the best way to feed it, is with books. Read as much as you can. It's good you already enjoy reading. Read more and more. Read difficult books. Read books that stray from your comfort zone. Read books that critically examine new and old ideas, cutting across various academic fields. Create an account on goodreads and explore different categories of books. It would expand your scope of knowledge and generate new ideas and novel ways of thinking.

There is nothing wrong with you. As long as being you makes you happy, don't change it for anyone or anything. Keep on thinking. It's the doorway to enlightenment and freedom from intellectual bondage.

you write very well. Kudos!

Since the fuel increase debacle and the compromising stand of TUC, I lost faith in them..

Our leaders are used to our empty rantings. If we don't all rise to protest vehemently against this anti people policy, then it is truly over for the common man..

TUC should back this up with positive action. Then maybe...just maybe they can regain their lost trust with Nigerians

#PATHETIC

For a Government that always preaches moral high ground to be acting with such impunity is rather ironical...

Malami has been known to be in fragrant violation of several laid down practices and procedure since assuming office. The pertinent question is..."Is the AGF above the Law?

Treating an institution as the National Assembly with such Levity leaves much to be desired...

As the saying goes..."If a bird is dancing on the road, the thing that is drumming for it is in the bush nearby"...

Time will tell...

You couldn't have put it better sir!

The real purpose of governance is lost on these people.

The government of the day is toying with the collective resolve of Nigerians. GEJ was more popular than this, yet Nigerians rose to the occasion when it mattered most.

Now that we are aware that it is possible to remove an under performing Govt. Watch and see how "we go change am for this fake APC CHANGE Merchants

Yeye the smell.......

You couldn't have put it better sir!

The real purpose of governance is lost on these people.

The government of the day is toying with the collective resolve of Nigerians. GEJ was more popular than this, yet Nigerians rose to the occasion when it mattered most.

Now that we are aware that it is possible to remove an under performing Govt. Watch and see how "we go change am for this fake APC CHANGE Merchants

Yeye the smell.......

And here we are lamenting about the present economic realities....

Oh God forgive us for being so ungrateful for the things we have (especially the free air we breath).

Such a pathetic scene to behold. My heart is broken and heavy.

So then it is not of him that willeth, nor of him that runneth, but of God that sheweth mercy.

RIP to the deceased!

Sometimes the hypocrisy of our Leaders is just disgusting.

Fulani Herdsmen have massacred innocent Nigerians along the length and breadth of this Nation and it took, 'OUR' president forever to release an official statement condemning these acts...

They have also been scores of extra judicial killings in Kano and other places, and I can't remember reading any official condemnation from the Presidency.

Now the Question is, 'Is the life of a Foreigner worth more than that of a Nigerian?......

Condemning an act may not necessarily restore things to status quo, but may reassure the citizenry that the government is responsive to its plight.

You may not be concerned today because your immediate family or who you know is not involved, but pray the tables do not turn tomorrow and you start singing a different tune...

Condemning the terrorist attack in Orlando is good. But like somebody said, "Charity begins at home"....

HYPOCRITES

When you are sitting on a table full of alcoholic drinks, only to discover that the people sitting with you do not take alcohol......

Is that Denrele's Father

See the real funny memes here

bayslw007:
@op,this one wey you dey get the picture from morning till night,me i suspect something fishy ooo...you dey sell gala??




Sips ogogoro



#TeamBayz

Hehehehehehehe your comment really got me laughing out loud. It is well my brother!

let's all give this the attention it requires maybe some one @ the Top will do the needful ...

To think that this is a major road leading into the country's capital is a shame...

Seun, Lalasticlala! Let's help Abuja residents raise awareness please

This is not a joke, This is pure Hell fire on earth!

As at 10pm the situation is showing no signs of abating

This is the situation as at 10:09pm

More

Residents of Karu, Nyanya, Mararaba, Jikwoyi, kurudu, Orozo and it's environs are currently witnessing the 'mother of all traffic gridlock'

Residents are left in awe as to what would have led the FCT administration to install speed bumbs over the weekend on this road which on a good day is a nightmare to motorists...

Most commuters have been rooted to the same spot for over two hours. Worthy of note is the fact that most low level civil servants and low income earners stay within those axis...
Suffice it then to say that this is the major reason why the government is not giving top priority to fixing the traffic challenges on that road.

Most top government officials stay within the city centre and may claim not to be privy to what ordinary Nigerians go through on a daily basis...it is high time those in Authority did something about the situation on this very busy keffi Nyanya road...

A word is enough for the wise...

Badaruddeen006:
. Without pple like u we won, and we will always WON because we are d majority. Say no to blood shed! APC 4ever!!eat suger and die fool!!!

. The above is an indictment on your upbringing, orientation and level of Education. I don't join issues with street urchins....Now, crawl back into whatever hole you crawled out from. You lack basic comprehension skills for any form of intellectual discourse...You cretin!

I have never been as irked, irritated and frustrated as I was yesterday when I got an astronomical Electricity Bill for non existent power supply...
One begins to wonder why any sensible Government will first of all increase Electricity Tariffs before ensuring constant supply....

The conflicting promises and actions of the government concerning this fuel scarcity debacle is a clear indication of unprecedented cluelesness, insensitivity, barefaced lies, double standards and sheer wickedness

Life in Nigeria has suddenly become 'Brutish and short'... The gruesome conditions in which Nigerians now grapple with is better left for savages...

The Government of the day has no clue how to rescue us from this conundrum. The earlier we come to terms with this the better for us all...

APC and their Minions have scammed us

NEVER AGAIN

I have never been as irked, irritated and frustrated as I was yesterday when I got an astronomical Electricity Bill for non existent power supply...
One begins to wonder why any sensible Government will first of all increase Electricity Tariffs before ensuring constant supply....

The conflicting promises and actions of the government concerning this fuel scarcity debacle is a clear indication of unprecedented cluelesness, insensitivity, barefaced lies, double standards and sheer wickedness

Life in Nigeria has suddenly become 'Brutish and short'... The gruesome conditions in which Nigerians now grapple with is better left for savages...

The Government of the day has no clue how to rescue us from this conundrum. The earlier we come to terms with this the better for us all...

APC and their Minions have scammed us

NEVER AGAIN

G0ldcircle:
A boy will want to you to look extravagant so they can show u off to their stupid friends. A boy keeps thinking that swag is by looking and dressing like Tyga and doing epileptic show offs. Some go even wear carton timberland wen don break for middle dey misbehave.


Anyhow sha, na boy go still later turn man. That's if he grows to be.

Chai!....sister you wicked o!

That man you are referring to is JESUS

EggovinMma:
Those long hijabs can hide shukuli
Besides, who would dare to sit close to hijab ladies these days? !
Now when I visit major market, I stay far far way from them, both young and old.
I no wan HEAR SAY THEM SEE ONE OF MY BREAST FOR WUSE MARKET AND THE OTHER FOR UTAKO MARKET!

you are one funny lady!
I can't stop laughing....

This is quite expository....The church will never tell you this...

This issue of tithe has been abused by 'greedy pastors' who cash in on their members' gullibility to fleece them dry.

If you hear how some churches hammer on the issue of tithe, you will think that it is the surest way of making heaven..

This article is very timely....kudos to the Author!!!

......."Be not afraid of greatness. Some are born great, some achieve greatness, and others have greatness thrust upon them......"

William Shakespeare, Twelfth Night

Wonders they say shall never end.

Who would have thought Hausa people who where erstwhile seen as being very sincere will degenerate to the distasteful crime of kidnapping?

Thank God they were caught. Let the law take its full course.

Good Job Nigeria police...