The National Judicial Council (NJC) has affirmed that it considered and approved the extension of the appointment of Justice Tanko I. Muhammad as the Acting Chief Justice of Nigeria for another three months. The NJC, in a statement by its spokesman, Soji Oye said the decision to extend Justice Muhammad’s appointment was taken at the 88th Meeting of the council held last Thursday. It further said that the extension was at the instance of President Muhammadu Buhari, who made a request to that effect. Oye informed that the NJC has already forwarded its approval to the President.
The statement reads: “The attention of the National Judicial Council has been drawn to an online newspaper and daily newspaper report stating that the Council would meet next week to deliberate on the extension of the Acting Appointment of Honourable Dr. Justice I. T. Muhammad CFR, as the Acting Chief Justice of Nigeria.
“Contrary to the above, the Council actually met on Thursday 18th April, 2019 and at the 88th Meeting considered and approved the request of President Muhammadu Buhari, GCFR, for the extension of the appointment of Hon. Dr. Justice I. T. Muhammad, CFR, as the Acting Chief Justice of Nigeria for another three (3) months and council has since forwarded its approval to the President.”
The statement, however, debunked some media reports that the NJC would meet next week to deliberate on the extension of Muhammad’s appointment as the acting CJN. It would be recalled that Muhammad was appointed on January 25, following the suspension of Justice Onnoghen as the CJN by Buhari. Except the NJC recommended Justice Muhammad to the President for another three months appointment, in accordance with Section 231(5) of the 1999 Constitution, such extension would be unconstitutional.
According to Sub-section (4) of the same section, the President doesn’t need the NJC to appoint an acting CJN whenever vacancy exists, but cannot extend such appointment except in compliance with Sub-section 5, which says that the NJC would have to recommend the person for extension of appointment.
Section 231 (4) and (5) says: “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 has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.
Also, “Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of Sub-section (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.”
Meanwhile, the Presidency has said the war against corruption is all encompassing and not designed to persecute anyone for political or other reasons. Malam Garba Shehu, the Senior Special Assistant to the President on Media and Publicity, disclosed this in reaction to the conviction of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, in Abuja last Thursday.
He said the conviction of Onnoghen by the Code of Conduct Tribunal was a major victory for the anti-corruption policy of the Buhari administration. Shehu explained that the outcome of the trial demonstrated clearly that “the law is no respecter of persons, titles, social or political connections”.
According to him, the essence of the rule of law is to hold everyone accountable before the law, regardless of their status in the society.
“The rule of law will lose its meaning and validity if only the weak, the poor and powerless are punished for their violations of the law. Countries succeed because the rule of law is evenly upheld and enforced. The war against corruption would go nowhere if the high and mighty are spared because of their influence and connections. You can’t fight corruption by allowing impunity because the rule of law cannot function where impunity is tolerated.”
He pointed out that the conviction of Onnoghen would send a clear message that the dragnet against corruption would be ”spread widely to hold public officials accountable, whether they are politicians, judges, civil servants or holding positions of public trust.”
