Chief Justice of Nigeria, Mahmud Mohammed Retire’s Today

The Chief Justice of Nigeria, Justice Mahmud Mohammed, will today, retire from service.

Justice Mahmud Mohammed turns 70 today (November 10, 2016), the mandatory retirement age for justices of the Court of Appeal and the Supreme Court.

However, a successor is yet to be appointed by President Muhammadu Buhari, whose duty it is to appoint a CJN based on the recommendations of National Judicial Council (NJC).

Section 231 of the 1999 Constitution as amended, has bestowed upon the President of Nigeria, the prerogative of appointing a Chief Justice of Nigeria.

The Section provides that: “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 and subject to confirmation of such appointment by the Senate.
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On its part, National Judicial Council at its emergency meeting held on October 11, had recommended Justices Walter Samuel Onnoghen for consideration for appointment as Chief Justice of Nigeria.

Going by precedent, the most senior Justice succeeds the outgoing Chief Justice of Nigeria.

While Justice Onnoghen may have found favour with National Judicial Council following his nomination to the President since October 11, the nomination was yet to be forwarded to the National Assembly for screening and confirmation.