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CJN: Buhari yet to act on NJC’s recommendation
BY: Oliseama Okwuchukwu
Indicators emerged Friday on why President Muhammadu Buhari is yet to act on the recommendation of the National Judicial Council (NJC) that the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, be retired.
The President, it was learnt, considered NJC’s letter ambiguous, as it did not clearly state why the suspended CJN should be retired.
The President was also said to have received some legal advice to ignore NJC’s recommendations on Onnoghen because the council’s letter did not follow constitutional process.
The ambiguity in NJC’s letter was said to have accounted for the current situation in which the nation is having a CJN and an Acting CJN.
Findings made by our correspondent revealed that NJC’s recommendation to the President only advised him to retire Onnoghen in the “interest of the nation and the Judiciary.”
The council was, however, silent on its findings on Onnoghen or whether or not he committed infractions based on the investigation of the Economic and Financial Crimes Commission (EFCC).
A top source said: “The recommendation of the NJC was a ‘legal soft landing for Onnoghen in order not to expose him to any further criminal trial based on EFCC’s investigation.
“The council advised the President to retire Onnoghen in the interest of the nation and the Judiciary. But Section 292 of the 1999 Constitution gave three conditions for the removal of a Judicial Officer, which include inability to discharge his duties, misconduct and contravention of the Code of Conduct.
“There is nowhere in the constitution where it is expressly stated that a CJN or a Judicial Officer can be retired in the interest of the nation and the Judiciary.
“If Onnoghen is removed or retired as contained in the NJC’s letter, the President’s action might be actionable. “You don’t build something on nothing.
“This is why the President is allowing the development in the Judiciary to follow a natural course.
“Onnoghen has offered to go on voluntary resignation or retirement and the Code of Conduct Tribunal has convicted him.
“There are three exit options for Onnoghen now as follows: retirement by NJC if put in a proper constitutional context; voluntary resignation or retirement if approved by NJC at its next meeting; and the CCT judgment if endorsed by the Court of Appeal and the Supreme Court.
“The President would have acted on any of these options but he has opted to follow due process to avoid being accused of hastiness in removing Onnoghen.
“The President is hamstrung by NJC’s recommendation, which was inexplicit. At a point, the NJC said Onnoghen should be compulsorily retired with full benefits.”
Responding to a question, the source added: “Actually, the President was advised to reject or ignore NJC’s recommendation on Onnoghen until the council is more forthcoming on why the suspended CJN should be retired.”
Section 292 says: “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, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President Customary Court of Appeal of the Federal Capital Territory, Abuja by the President acting on an address supported by two-thirds majority of the Senate
(ii) Chief Judge of a state, Grand Khadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a state by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the state
“…praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct. “(b) in any case, other than those to which paragraph (a) of this subsection applies by the President or as the case may be, the Governor acting on the recommendation of the NJC that the Judicial Officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.”
Another source added: “It is left to the NJC to be decisive in its recommendations and clean the Augean Stable in the nation’s Judiciary. It is really time to move forward. “It is of no use setting constitutional booby traps for the President. Let there be a clear direction to follow.” At press time, it was learnt that the NJC may meet next week to consider the observations of the President, the voluntary resignation/ retirement of Onnoghen and the extension of the tenure or appointment of the Acting CJN, Justice Ibrahim Tanko Muhammad as the substantive holder of the office. A source in NJC simply said: “The council may meet next week.”
The Enugu State government has inaugurated a steering committee to eliminate Gender-Based Violence, GBV, in the state, declaring zero tolerance for the social malaise.
The inauguration took place at the Government House Enugu.
The panel, which is chaired by the Commissioner for Children, Gender Affairs and Social Development, Mrs. Ngozi Enih, draws its membership from the Nigeria Police Force, Ministry of Agriculture and Agro Industrialisation, Ministry of Local Government, Rural Development and Chieftaincy Affairs, Ministry of Human Development and Poverty Reduction, Ministry of Trade, Investment and Industry, Ministry of Justice, Ministry of Health, Ministry of Education as well as the Civil Society.
Inaugurating the panel known as the Steering Committee for Strengthening Institutional and Community Responses to End Gender-Based Violence/Domestication of Enugu State Gender Policy using the Oputa Panel approach, Governor Peter Mbah restated his administration’s commitment to not bringing perpetrators of GBV to book, but also putting in place proactive measures – activities, infrastructure, and systems in place to prevent them.
Mbah, who was represented by the Secretary to the State Government, Prof. Chidiebere Onyia, said, “We take gender-based violence seriously. We have zero tolerance for it, and in Enugu State, we are ready to go the extra mile to deal with it.
“If you notice, the government has selected people that are very committed to this goal. This is not an activity where we just want to check-off the list. We will track this. We will monitor this, and we will have quarterly engagements on the successes that this particular committee has achieved in terms of reference that we are going to send.
“We will tighten those terms of reference indicators, so that we monitor what we are doing both in terms of cost input and the value added. It’s very important to us. Many people will be involved – civil society, the police and various ministries.”
He however, said that the effort was to protect everyone, men and women alike, as GBV was not restricted to any gender.
“The whole idea is to hold people responsible that are involved in matters relating to gender violence and deter people that by culture or by association get involved in that, protect women, protect our children, and in the case of violence against men, protect our men because most times we misconstrue gender violence to mean women, but it can also be men too.
“We encourage our men to speak out and to make sure they understand that the policy that Enugu State is soon going to domesticate is for everyone, and not only for the female gender,” he stated.
In her remark, Mrs. Enih, explained that the Oputa Panel approach was inspired by the need to cover all local peculiarities in domesticating the policy on GBV, restarting government’s confidence in the members of the panel.
“The approach we are going to use is the Oputa Panel approach, and in the Oputa Panel approach, we are going to tour the 17 Local Government Areas to get firsthand information about what our people are going through because policy is meant for the people, and a policy should suit the people.
“Again, every community has its peculiar problems, so that’s why the government decided that if we have to domesticate the gender policy, we have to hear from the people who own the policy and know the changes that they desire to see. That is the reason we are using this approach.
“The committee members are to also serve as judges. As we gather this information from our people, we will come back to tailor it in a way to suit the people of Enugu State, and then our policy is ready.
“We want the people to know that there is a gender policy for them. I can assure you that when the people are aware that there is such a policy, they will seek for the enforcement of that policy. So, this is not going to be one of those policies that will just lie on the shelf,” she said.
Digital solutions provider, Globacom, has congratulated Christians in Nigeria on this year’s Easter celebration, and urged them to emulate the noble qualities of Jesus Christ.
The company, in a goodwill message to the Christian faithful in the country, lauded their perseverance through the Lenten period which preceded Easter. It enjoined them to always promote the ideals of selflessness, love and peace among all as a way of demonstrating the virtues of the exemplary life of Jesus Christ.
“Peace, love and sacrifice are the central message of Easter. Christ offered himself in atonement for the sins of the world and he lived a life which made Him an eternal symbol of peace and goodwill for mankind”, Globacom added.
The company enjoined all Nigerians to share in the lessons of promoting selflessness, a necessary ingredient in the growth and development of every society. It also enjoined all Nigerians to join hands to make Nigeria a better place for all.
Easter is celebrated yearly at the end of the Lenten season of fasting and prayer considered as a ritual of purification for the Christian faithful. It also precedes the crucifixion of the Lord Jesus Christ on Good Friday and His eventual resurrection on Easter Sunday.
The company assured its customers of seamless voice, data and Short Messaging Service (SMS) during and after the Easter celebrations, while urging them to avail themselves of the various data and voice offerings on the network.
The Guild of Private Broadcast Managers has extended its heartfelt congratulations to the Nigeria Union of Journalists (NUJ) as it celebrates its 70th Anniversary.
In a congratulatory message signed by the Guild’s National President, Ambassador Patrick Uzoyi-Peters, JP MNGRM, the guild described the milestone as a testament to the NUJ’s unwavering commitment to upholding press freedom, journalistic integrity, and the advancement of democracy in Nigeria.
“For seven decades, the NUJ has played a pivotal role in shaping the media landscape, advocating for the rights and welfare of journalists, and ensuring that the voice of the people remains strong and unyielding. Your resilience, professionalism, and dedication to ethical journalism have been instrumental in fostering transparency, accountability, and national development”.
Celebrating this historic achievement, the Guild’s President, Uzoyi-Peters recognized the sacrifices and contributions of journalists across the nation who work tirelessly to inform, educate, and empower society.
The Guild reiterated it commitment towards collaborating with the NUJ in promoting responsible journalism and strengthening the media industry for the greater good.
While wishing the NUJ continued success, growth, and greater impact in the years ahead, President Uzoyi-Peters prayed that the anniversary serve as a renewed call to uphold the principles of truth, fairness, and press freedom in our collective pursuit of a more informed and just society.
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