Former NBA President Agbakoba petitions NJC over acting CJN misconduct

Peter Fowoyo, Lagos

Former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba SAN, on Monday petitioned the National Judicial Council (NJC), over gross misconduct of Justice Ibrahim Tanko Muhammed. President Muhammadu Buhari, had on Friday in a nationwide broadcast suspended the Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, and immediately swore in Justice Mohammed in acting capacity. In the petition dated January 28 and addressed to the National Judicial Council, Agbakoba urged the NJC to remove the acting CJN and as Justice of the Supreme Court in line with the decision in Justice Obisike Orji on ground of gross misconduct. The petition reads in part: “On 25th of January 2019 President Mohammadu Buhari pursuant to an exparte order of the Code of the Conduct Tribunal purportedly suspended the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghnen and purportedly swore in Hon. Justice Tanko Mohammed as the Acting Chief Justice of Nigeria. “The Constitution is clear about the procedure for suspending or removing the Chief Justice of Nigeria. The Chief Justice of Nigeria can only be removed on the recommendation of the NJC. SeeSection 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999and the Supreme Court decisioninElelu-Habeeb v AGF (2012) 40 WRN 1. “Hon. Justice Tanko Mohammed is fully aware of the state of law, yet presented himself to be sworn in by the President. Incidentally, Justice Tanko Mohammed was a member of the NJC panel that removed Justice Obisike Orji of the Abia state High Court for accepting to be sworn in as Chief Judge by the Governor of Abia state without the recommendation of the NJC. It is a matter of regret that Justice Tanko Mohammed who participated in this process will lend himself to this constitutional infraction. “That we pray the NJC determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Mohammed as Justice of the Supreme Court on grounds of gross misconduct by allowing himself to be sworn in by the President of Nigeria, without the recommendation of the NJC.”