Emmanuel Ukudolo l Monday, Jan. 28, 2019
LAGOS, Nigeria – Former President of the Nigerian Bar Association(NBA), Chief Olisa Agbakoba, SAN has petitioned the National Judicial Council(NJC) seeking immediate removal of the Acting Chief Justice of Nigeria(CJN), Tanko Mohammed as justice of the Supreme Court of Nigeria for legal infraction and unprofessional conduct.
In the petiton, the senior lawyer averred that on the 25th of January, 2019, President Muhammadu Buhari pursant an exparte order of the Code of Conduct Tribunal(CCT) purportedly suspended the Chief Justice of Nigeria, Hon. Justice Walter Nkanu Onnoghen and swore in Hon. Justice Tanko Mohammed as Acting Chief Justice of Nigeria.
He noted that the constitution is clear about the procedure for suspending and removing the Chief Justice of Nigeria. As he puts it, “the Chief Justice of Nigeria can only be removed on the recommendation of the NJC, See 153(1) paragraph (21)a of the third schedule and Section 292 of the Federal Republic of Nigeria, 1999, Supreme Court Decision in Elelu-Habeeb Vs AGF (2012) 40”, he said.
He asserted that Hon Justice Tanko is fully aware of the state of law, yet he presented himself to be sworn in by the President.
“Incidentally, Justice Tanko Mohammed was a member of the NJC panel that removed Justice Obisike Orji of the Abia State High Court for accepting to be sworn in as the Chief Judge of Abia State by the governor of Abia state without the recommendation of the NJC”, he said and that it is a matter of regret that the Mohammed who participated in that panel availed himself of this constitutional infraction and thus liable to be removed from the Supreme Court.
“It is a matter of regret that Justice Tanko Mohammed who participated in this process would lend himself to this constitutional infraction.
“That we pray the NJC determine this petition in line with the decision of Justice Obisike Orji by immediately removing Justice Tanko Mohammed as a Justice of the Supreme Court, on grounds of misconduct, by allowing himself to be sworn in by the president without the recommendation of the NJC”, the senior lawyer said.
