Acting CJN Moh’d Tanko Says Buhari Can Appoint, Sack CJN

President Muhammadu Buhari has the power to appoint, remove or suspend any person occupying the office of the Chief Justice of Nigeria (CJN), Acting CJN, Justice Tanko Muhammad has said.

He made this known in a counter-affidavit which he filed before the Federal High Court in Abuja to oppose a suit challenging his appointment as the substantive CJN.

Naija News recalls that Buhari had suspended the erstwhile CJN, Justice Walter Onnoghen, on January 25, 2019, and immediately appointed Tanko as the Acting CJN.

The suit challenging Tanko’s appointment was instituted by Malcolm Omirhobo Foundation, through its lawyer and promoter, Malcolm Omirhobo.

The defendants in the suit include the National Judicial Council, the Federal Judicial Service Commission, Justice Muhammad Tanko, the Federal Government, Muhammadu Buhari, the Attorney-General of the Federation and the Senate.

Counsel to the CJN, Lateef Fagbemi (SAN), maintained that Buhari, acting on an ex parte order of the Code of Conduct Tribunal, rightly suspended Onnoghen.

He noted that his client did not commit any offence by making himself available to be sworn in in acting capacity following the order of the CCT.

He recalled that Onnoghen had subsequently, after his suspension by the President, resigned from office.

“I also know as a fact that the 5th defendant has the power to remove or suspend any person occupying the office of the Chief Justice of Nigeria being the appointing authority,” the affidavit read in part.

“That I also know as a fact that as at January 25, 2019 the order of the Code of Conduct Tribunal also directed the 5th defendant to swear in the most senior Justice of the Supreme Court as the Acting Chief Justice of Nigeria.

“That it was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as the Acting Chief Justice of Nigeria.

“That in the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.

“There was also no need for the 5th defendant to approach the 7th defendant for support by a majority of two-thirds votes before the erstwhile Chief Justice of Nigeria could be suspended from office.”

Justice Inyang Ekwo has fixed Friday for the hearing of the suit.