The National Judicial Commission (NJC) has recommended the retirement of the suspended Chief Justice of Nigeria, Walter Onnoghen, to President Muhammadu Buhari.
The Commission, after a deliberation on Wednesday, April 3, unanimously reached an agreement that Onnoghen be retired over petitions filed against him by the Economic and Financial Crimes Commission (EFCC).
Members of the NJC led by an interim leadership under Umaru Abdullahi, a former president of the Court of Appeal, agreed that the suspended CJN had lost the morality of authority to continue as Nigerian chief justice with the litany of allegations bordering on misconduct.
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The Commission in its recommendation also noted that Tanko Muhammad did not commit any offence by making himself available to be sworn in as acting CJN without the recommendation of the NJC.
Although the recommendations by the commission has already been passed to President Buhari for approval, the president will still be needing the approval of the Nigerian Senate to effect the compulsory retirement of the already suspended CJN – a decision which would require two-thirds of majority of the upper legislative chamber.
According to Section 292 (1) of the 1999 constitution, “a judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria… by the President acting on an address supported by two-thirds majority of the Senate.”
