‘Onnoghen’ drags President Buhari to court over refusal to confirm him as CJN

Efio-Ita Nyok|30 December 2016

Chief Malcolm Omirhobo a Lagos-based legal practitioner has dragged the President of the Federal Republic of Nigeria, Mr Muhammadu Buhari, before Abuja Federal High Court over the latter’s failure to appoint Cross River-born Honourable Justice Walter Nkanu Onnoghen as the Chair of the National Judicial Council.

According to reporter Onozure Dania of Vanguard Newspapers Omirhobo who is suing for both himself and on behalf of the entirety of Nigerians has joined as co-defendants in the suit are: the office Attorney General of the Federal Republic of Nigeria, The Federal Judicial Service Commission, Hon. Justice Walter Nkanu Onnoghen, CFR the Chairman of the National Judicial Council and the National Judicial Council.

plaintiff Omirhobo in an origination summons brought in pursuant to order 3, rule 6,7 and 9 of the Federal High Court civil procedure rules 2009 is requesting the court to determine the  interpretation of the following: Section 231 (1) (3) (4) and (5) of the 1999 constitution.

The report further has it that the plaintiff is He is asking the following questions for determination: ‘Whether the qualification, assessment and evaluation necessary for the appointment of the Chief Justice of the Federal Republic of Nigeria are the exclusive preserve of the third and fifth defendants, whether by virtue of Section 231 (1) of the 1999 constitution of the Federal Republic of Nigeria, the first defendant in exercising his powers to appoint the Chief Justice of Nigeria must act on recommendation of the fifth defendant

‘Whether by virtue of Section 231 (3) of the 1999 constitution of the Federal Republic of Nigeria, the first defendant as the head of the executive arm of Government can hand pick and or choose who he wants to be the head of the judicial arm of Nigerian Government.

Biase, Cross River-born Walter Nkanu Onnoghen

‘He is among other things to compel the first defendant to forthwith act on the recommendation of the fifth defendant appointing the fourth defendant as substantive Chief Justice of the Federal Republic of Nigeria.’

It would be recalled that Onnoghen was appointed the Acting CJN on Wednesday, November 9, 2016 and sworn in by President Buhari on Thursday, November 10, 2016, at the Presidential Villa, Abuja, as Ag. CJN, pending the forwarding of his name to the Senate for substantive confirmation.

Until now Onnoghen’s name is yet to be sent to the Senate for confirmation as CJN. This has sparked contention which has it that Buhari is refraining from appointing Onnoghen because he is from the south and a Christian. 

However, the President’s spokesman Femi Adesina urged Nigerians to be patient with President Buhari, noting that Onnoghen’s name would definitely be sent to the Senate for confirmation as substantive CJN.

Only the Senate of the Federal Republic of Nigeria can reject Onnoghen, not the Presidency

Efio-Ita Nyok
Is a Blogger, the Editor & Publisher of NegroidHaven.org