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Controversial suspension of the CJN, Walter Onnoghen, by Buhari continue to elicit mixed reactions

by on January 25, 2019
 

In removing Mr Onnoghen, Mr Buhari claimed he acted based on a Code of Conduct Tribunal order.

Many Nigerians, however, believe the president has no such powers to remove a CJN from office.

Section 292 of the Nigerian constitution deals with the removal of some public officials including the CJN. The section does not distinguish temporary removal (suspension) from a permanent removal (sack).

Below is the law as reproduced verbatim from the constitution

“A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –

(a) in the case of –

“Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.”

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(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

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In other words, a sitting CJN can only be removed from office by the president after at least two-thirds majority members of the Senate support such a move. No such matter has been debated in the Senate.

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  • Akintayo Sodimu
    January 25, 2019 at 11:32 pm

    Personally, I am not impressed by the outcry of many of our lawyers, especially those Senior advocates. I suspect very strongly, that the CJN Onneghen is someone who might have been taking bribes from them to help them win their various cases. Buhari should overhaul the entire judiciary. These SANs are rogues. I am not proud of them at all.

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