Reject any nominee not Onnoghen, he tells Senate

Allow Buhari free hand on appointment, says acting CJN

From Godwin Tsa, Abuja

Former military governor of Kaduna State, Dangiwa Umar has urged the Senate not to confirm any nominee for the office of the Chief Justice of Nigeria (CJN) other than  Justice Walter Onnoghen.

In a statement, yesterday, Umar said the failure of the presidency to forward Onnoghen’s name to the Senate for confirmation without any reason “leaves Nigerians guessing and speculating.”

“In a few days the tenure of Justice Onnoghen will expire. Going by our extant Constitution, the acting CJN  will be disqualified from appointment as the substantive CJN unless the National Judicial Council (NJC) resubmits his nomination to the president.

“Already, many analysts view this action as a ploy to deny a Southerner his right to succession, based on his seniority, in keeping with the appointment protocol observed the NJC in making the appointment,” he said.

Umar said in the event that Onnoghen’s name is not resubmitted  for confirmation as substantive CJN, the NJC must not forward any other name nor should the senate confirm any other nominee.

“This will serve to check the excesses of this administration and reinforce the unity of the nation which has already been pushed to the precipice by the recruitment and appointment policies of a government which tends to favour the north in violation of the federal character provision of the constitution,” Umar said.

On Tuesday, the Cross River caucus in the National Assembly also asked Buhari to submit the name of Onnoghen to the senate for confirmation without “further delay.”

Meanwhile, Justice Onnoghen has appealed to Nigerians to allow President Muhammadu Buhari free hand to perform his constitutional duties with regard to the validation of his appointment.

While distancing himself from individuals and groups threatening the president concerning his appointment as substantive CJN, Onnoghen said the president does not need any threat or ultimatum to perform his constitutional duties.

A statement by his Senior Special Assistant on Media, Awassam Bassey, said; “Justice Onnoghen believes that issuing an ultimatum to Mr. President appears to be going too far and smacks of disrespect for the exalted office of the president.

“The acting Chief Justice, therefore, appeals for caution on the issue of the appointment as Mr President goes about his constitutional duties, especially, considering the fact that the given time for him to act as CJN has not expired.”

He thanked Nigerians for their support and continued prayers while calling on them to back the federal government to make the country a better place for all.

The NJC had, on October 6 last year, recommended Justice Onnoghen to President Buhari to succeed Justice Mahmud Mohammed, who exited last year after attaining the mandatory retirement age of 70 years.

But rather than send his name to the National Assembly for confirmation as substantive CJN,  Buhari appointed him on acting capacity.

By February 10, the tenure of Justice Walter Onnoghen as  acting CJN will constitutionally elapse, unless the National Assembly confirms him as the substantive head of the nation’s judiciary.

This is because Section 231 (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.”

As stipulated in Chapter 7, Section 31 (1) of the Constitution; “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.”

Chapter four of the same section states that; “If the office of 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.

But the confirmation of his appointment by the National Assembly can only happen when the president transmits a letter to the Senate, nominating him for that exalted position.

Already, there is growing disquiet over the inability of Buhari to forward his name to the Senate for confirmation as a substantive CJN.