NJC members summon emergency meeting over Onnoghen

The National Judicial Council (NJC) has summoned an
emergency meeting over the suspension of Walter Onnoghen, chief
justice of Nigeria (CJN).

Our reporter understands that the meeting will be held in Abuja
by 10am on Monday.

The meeting was called by some NJC members in line with its
rules.

A member of NJC told our reporter on Sunday that neither
Onnoghen, whose suspension has become a subject of controversy, nor
Ibrahim Muhammad, the acting CJN, will be allowed to preside over
the meeting.

WHAT DO NJC RULES SAY?

According to the rules guiding the conduct of NJC meetings, five
or more members can summon a meeting subject to a request made to
the chairman.

Our reporter was unable to confirm if this requirement was
met.

The rules state that:

• The council shall hold meetings at such times and place as the
  chairman may appoint.
• Notwithstanding the provision of paragraph (1) of this
  regulation, a meeting of the council shall be convened if five or
  more members make a request to that effect, in writing to the
  chairman, specifying the business to be transacted.
• Every meeting of the council shall be presided by the chairman
  and in his absence, by a member selected by a simple majority of
  members present and/or nominations in the call of expression of
  interest and in the request for nomination.
• The quorum for a meeting shall not be less than one-third of
  the total number of the council members as at the date of that
  meeting.
• A member shall be entitled to one vote and the simple majority
  votes shall be the decision of the council.

WHO ARE NJC MEMBERS?

According to 1999 constitution, members of the council are:

• the chief justice of Nigeria who shall be the chairman
• the next most senior justice of the supreme court who shall be
  the deputy chairman
• the president of the court of appeal
• five retired justices selected by the CJN from the supreme
  court or court of appeal
• the chief judge of the federal high court;
• five chief judges of states to be appointed by the CJN from
  among the chief judges of the states and of the high court of the
  FCT, Abuja
• one grand kadi to be appointed by the CJN from among grand
  kadis of the Sharia courts of appeal to serve in rotation for two
  years;
• one president of the customary court of appeal to be appointed
  by the CJN from among the Presidents of the Customary Courts of
  Appeal to serve in rotation for two years
• five members of the Nigerian Bar Association (NBA) who have
  been qualified to practise for a period of not less than 15 years,
  at least one of whom shall be a SAN, appointed by the CJN on the
  recommendation of the national executive committee of the NBA to
  serve for two years and subject to re-appointment, provided that
  the five members shall sit in the Council only for the purposes of
  considering the names of persons for appointment to the superior
  courts of record; and
• two persons not being legal practitioners, who in the opinion
  of the CJN, are of unquestionable integrity.

WHAT ARE THE POWERS AND DUTIES OF NJC?

The constitution says the NJC shall have power to, among other
things:

• recommend to the president the removal from office of the
  specified  judicial officers and to exercise disciplinary
  control over such officers;
• recommend to the governors the removal from the office of the
  judicial officers
• collect, control and disburse all moneys, capital and
  recurrent, for the judiciary;
• advise the president and governors or any matter pertaining to
  the judiciary as may be referred to the council by the president or
  the governors;
• appoint, dismiss and exercise disciplinary control over members
  and staff of the council

WHAT IS THE STATE OF PLAY?

President Muhammadu Buhari replaced Onnoghen with Muhammad on
Friday, citing an order of the Code of Conduct Tribunal (CCT).

The Code of Conduct Bureau (CCB) had filed a six-count charge
against the CJN based on a petition written by the Anti-Corruption
and Research Based Data Initiative (ARDI), a civil society
group.

In the petition dated January 7, the group, had among other
things, accused Onnoghen of false assets declaration.

While administering oath of office on Muhammad, Buhari said
security agencies traced millions of dollars to accounts
Onnoghen.

“Although the allegations in the petition are grievous enough in
themselves, the security agencies have since then traced other
suspicious transactions running into millions of dollars to the
CJN’s personal accounts, all undeclared or improperly declared as
required by law,” he had said.

But many lawyers and civil rights activists have kicked against
the president’s action, saying the NJC ought to have investigated
the allegations levelled against Onnoghen.

In a statement, the Nigerian Bar Association (NBA) accused
Buhari of usurping the powers of the NJC.

“The action of the Executive portends a slide into anarchy and
complete deconstruction of the Rule of Law and due process,” read
the statement signed by Paul Usoro, NBA president.

“It amounts to an absolute breach of the Constitution and the
usurpation of the powers of the Senate and the Nigerian Judicial
Council.”