Onnoghen’s Office Position Now With Senate Not Buhari

Due to new development the Presidency said, last night, that the transition of Justice Onnoghen from acting to substantive CJN now rests with the Senate, and not President Muhammadu Buhari.

The National Judicial Council, NJC, has re-nominated Justice Walter Onnoghen for appointment as Chief Justice of Nigeria, CJN. The council took the decision at an emergency meeting in Abuja, yesterday, after which it forwarded its resolution to Acting President, Prof Yemi Osinbajo, SAN, barely 24 hours after Onnoghen’s name was reportedly transmitted to the Senate by the Presidency for

The NJC took the action in view of the fact that it may be impossible for the Senate which is currently on recess, to reconvene and screen Onnoghen before tomorrow when his constitutional three months tenure as acting CJN will expire.

The Senate, yesterday, confirmed receiving the nomination but it was not clear whether it will summon an emergency session to confirm Onnoghen before February 21, when the Senate will resume plenary. In line with Section 231(5) of the 1999 Constitution, as amended, the NJC urged the Acting President to extend Onnoghen’s acting tenure for another three months.

Though Onnoghen is statutorily chairman of the NJC, a source at the meeting, which was held in camera, told Vanguard that the extension letter sent to the Presidency was signed by Justice Ibrahim Tanko Muhammad. Justice Muhammad is the second highest ranking jurist at the Supreme Court. Insinuations were rife that he was President Buhari’s first choice for the CJN position.

However, the source, who pleaded anonymity because he was not permitted to speak on behalf of the NJC, said Justice Muhammad was favourably disposed to Onnoghen, who is currently the most senior justice of the apex court clinching the judiciary top job. “All the NJC members that attended the meeting were unanimous in the decision to re-nominate Justice Onnoghen.

We have already forwarded the letter to the Presidency,” the source added. According to Section 231(5) of the 1999 Constitution, as amended, “Except on the recommendation of the NJC,” Onnoghen’s appointment by President Buhari “shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has elapsed.” Onnoghen, from Cross River State, is the first Southern jurist to qualify for the CJN position in about 30 years. President Buhari had on November 10, 2016, okayed him to head the judiciary in acting capacity.

The appointment, based on a recommendation letter from the NJC, followed the retirement of former CJN, Justice Mahmud Mohammed, who bowed out upon clocking the 70 years mandatory retirement age. Onnoghen will clock 70 on December 20, 2020. He was elevated into the apex court bench in 2005.

Delay by President Buhari to forward Onnoghen’s name to the Senate till few days to expiration of his three months acting tenure had fuelled insinuations that he could be side-lined from emerging substantive CJN. Justice Ayo Gabriel Irikefe, who held sway as the CJN in 1985, was the last southerner that headed the apex court. Onnoghen’s fate now rests with Senate — Presidency Meanwhile, the Presidency said, last night, that the transition of Justice Walter Nkanu Onnoghen from acting to substantive CJN rested with the Senate and not with President Buhari.

A top official told Vanguard that the President Buhari-led presidency had done its duty by nominating and forwarding Onnoghen’s name to the Senate on Tuesday, thereby putting to rest insinuations that Buhari wanted to deny the Southern part of the country of the post in favour of a Muslim northerner. The submission of the name of the acting CJN confirms Vanguard’s report on Monday, which quoted a Presidency source as saying that Onnoghen’s name could be sent to the Senate as early as Tuesday this week. It would be recalled that a Presidency official had told Vanguard on Sunday, under condition of anonymity, that Buhari would send the name of Onnoghen to the National Assembly this week.

The source had said: “Yes, the name of the acting CJN will be forwarded this week to the Senate for confirmation. There is nothing wrong with the acting CJN’s nomination to warrant stopping him from being confirmed.

“However, Nigerians must note that the government has a role to play in checking and establishing that whoever is appointed into such critical position of trust and service to nation and humanity is without blemish.

“So far, most Nigerians have come to the conclusion that the acting CJN, Onnoghen, is a man of integrity who has shown that he is ready to reposition the Nigerian judiciary to serve the people justly without fear or favour. “His name could be with the Senate as early as Tuesday this week or thereabouts.”

The source explained that all issues relating to the transmission of Onnoghen’s name to the Senate for confirmation had been resolved in his favour, adding that the Presidency needed to do some checks on the person of Onnoghen before sending his name to the National Assembly.

Senate may not hold emergency session to confirm Onnoghen till February 21 Although, the Senate has received the letter nominating Onnoghen for confirmation as CJN, sources in the Senate, that Senate may not confirm Onnoghen until February 21.

The Senate had suspended plenary on January 26 to enable the standing committees consider the 2017 Budget. Senate President Bukola Saraki, who was to have received the letter, yesterday, may not read the said letter until February 21, when plenary will resume.


Vanguard