CJN: Onnoghen’s suspension, Muhammed’s emergence reminiscent of ex-Abia CJ Orji’s sacking

The dramatic suspension of Justice Walter Onnoghen as the Chief
Justice of Nigeria by President Muhammad Buhari, and the subsequent
swearing-in of Justice Tanko Muhammed as the Acting CJN have evoked
the memory of last year’s compulsory retirement of then acting
Chief Judge of Abia State, Justice Obisike Orji.

The National Judicial Council had, at its 85th meeting held on
March 14, 2018, sanctioned Justice Orji by forcing him to go on a
compulsory retirement for allowing himself to be sworn in as the
Acting Chief Judge of Abia State without being recommended by the
council.

Both the suspension of Onnoghen and swearing-in of Muhammed in
acting capacity by the President followed the same pattern of how
Justice Theresa Uzokwe was suspended by the Abia State House of
Assembly and Justice Orji subsequently sworn in as acting Chief
Judge of the state by Governor Okezie Ikpeazu.

While earlier placing Justice Orji on suspension in January
2018, the NJC said in a statement, “The suspension of the Chief
Judge of Abia State (Justice Theresa Uzokwe) by the State House of
Assembly without a prior recommendation by the National Judicial
Council violates the provisions of the Constitution of the Federal
Republic of Nigeria.

“Consequently, the subsequent act of appointing and swearing-in
of Hon. Mr. Justice Obisike Orji as the Acting Chief Judge is
invalid for being unconstitutional.

“Furthermore, the conduct of Hon. Mr. Justice Obisike Orji in
presenting himself to be sworn in raises potential questions of
misconduct that Council is now looking into.

“Council therefore resolved to query and suspend the Hon. Mr.
Justice Obisike Orji pending the outcome of its investigation.”

Later in March 2018, following further investigations by its
panel, the NJC said, “Hon. Mr. Justice Obisike Oji was earlier
queried by the council for allowing himself to be sworn in as
acting Chief Judge, and thereby colluding in, and aiding an
unconstitutional process.

“His reply was unsatisfactory and the council recommended his
compulsory retirement.”

The NJC, also at the same meeting held on March 14, 2018, found
Justice Uzokwe culpable and recommended her compulsory
retirement.

The NJC also directed the third most senior judge in the
judiciary of the state to step in as the Acting Chief Judge pending
the conclusion of investigations of allegations of acts of
misconduct levelled against Justices Uzokwe and Orji.

Budget: FG Denies Alleged Discrepancies in Budget
Proposal
Our attention has been drawn to the allegation by a member of the
House of Representatives during its debate on the 2019 Budget
Proposals yesterday concerning errors and/or discrepancies in the
2019 Appropriations Bill.

Earlier today, officials of the Budget Office of the Federation
met with the Secretariat of the House Appropriations Committee to
review the honourable member’s observations. The outcome of the
review is that there are no errors/discrepancies as alleged by the
honourable member. It is instructive to note that the presentation
format of both the Appropriations Bill and Budget Details for 2019
are consistent with prior years.

Although we are yet to receive any formal communication from the
National Assembly on these observations, we have written a letter
to the House Appropriations Committee Chairman, and are issuing
this statement in view of the wide coverage the observations have
received in the media.

BEN AKABUEZE
DIRECTOR GENERAL
BUDGET OFFICE OF THE FEDERATION