Read also: No cause for alarm over FG’s borrowing plan, says Finance Minister[1]

A petition written by a former president of Nigeria Bar
Association (NBA) Olisa Agbakoba, SAN to the National Judicial
Council against CCT chairman Danladi Umar is
generating confusion.

Agbakoba in his petition against the CCT chairman gave reasons
why he should not preside over the trial of the CJN.

Investigation revealed that the NJC has referred the petition to
FJSC.

A highly-placed source said: “Some issues have arisen over the
petition sent to FJSC because the CCT chairman is not a judicial
officer per se. He is not on the judiciary payroll and he reports
to the presidency.

“When sworn in, the CCT chairman only took the Oath of
Allegiance and Oath of Office meant for public officers.  The
Judicial Oath was not administered on him.

“The CCT chairman does not collect judicial remunerations and
allowances.

“I think the framers of the constitution anticipated this kind
of situation and they left CCT on its own without any influence
either from the Executive or the Judiciary.

“If the CCT chairman had been a judicial officer, he would not
be in a position to try the CJN who will be his boss.

“Also, if you look at the Judicial Oath in the Seventh Schedule
to 1999 Constitution, only the CCT chairman was left out of the
list of those who should take it.

The Judicial Oath reads: “I, …… do solemnly swear/affirm that I
will be faithful and bear true allegiance to the Federal Republic
of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme
Court/President/Justice of the Court of Appeal/Chief Judge/Judge of
the Federal High Court/Chief Judge/Judge of the High Court of the
Federal Capital Territory, Abuja/Chief Judge of …… State/Judge of
the High Court of …… State/Grand Kadi/Kadi of the Sharia Court of
Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of
the Sharia Court of Appeal of …. State/President/Judge of the
Customary Court of Appeal of the Federal Capital Territory,
Abuja/President/Judge of the Customary Court of Appeal of ………
State. I will discharge my duties, and perform my functions
honestly, to the best of my ability and faithfully in accordance
with the Constitution of the Federal Republic of Nigeria and the
law, that I will abide by the Code of Conduct contained in the
Fifth Schedule to the Constitution of the Federal Republic of
Nigeria; that I will not allow my personal interest to influence my
official conduct or my official decisions; that I will preserve,
protect and defend the Constitution of the Federal Republic of
Nigeria.”?  But a Senior Advocate of Nigeria, who spoke in
confidence, said the FJSC can exercise disciplinary control on the
CCT chairman.

Read also: No cause
for alarm over FG’s borrowing plan, says Finance
Minister^[1]

The SAN said:  “I think the NJC was right in referring
Agbakoba’s petition against Danladi Umar to the FJSC. The CCT
chairman is no an island unto himself.

“If you look at paragraph 13 part 1 of the Third Schedule to the
1999 Constitution of the Federal Republic of Nigeria,  FJSC is
empowered to discipline the CCT chairman.

The section says: “The Federal Judicial Service Commission has
power to: (a).   Advise the National Judicial Council in
nominating persons for appointments to the office of :

• The Chief Justice of Nigeria,
• A Justice of the Supreme Court,
• The President of the Court of Appeal,

A Justice of the Court of Appeal,

The Chief Judge of the Federal High Court,

A Judge of the Federal High Court,

The President of the National Industrial Court;

A judge of the National Industrial Court; and

the Chairman and Members of the Code of Conduct Tribunal,

b).    Recommend to the National Judicial Council
the removal of any of the Judicial Officers mentioned in
sub-paragraph (a) above

c).     Appoint, dismiss and exercise
disciplinary control over the Chief Registrars and Deputy Chief
Registrars of the Supreme Court, the Court of Appeal, the Federal
High Court, the National Industrial Court and all other members of
the staff of the Judicial Service of the Federation not otherwise
specified in this Constitution and of the Federal Judicial Service
Commission.”

As at press time, the FJSC was yet to serve the CCT chairman any
copy of the petition by  Agbakoba.

Another source said: “I think the FJSC is also weighing options
on the petition and issues around the trial of the CJN  and
the status of the CCT chairman.

“If you look at the composition of the NJC, the CJN is the
chairman. Both  Onnoghen and the Acting CJN,  Justice
Ibrahim Tanko Muhammad who should preside over FJSC have been
queried by the National Judicial Council(NJC).

“Also, the Attorney-General of the Federation, Mr. Abubakar
Malami(SAN), who is a member of the FJSC, is in charge of the OAGF
prosecuting CJN Onnoghen.

“The case at hand is jut interwoven. The more issues crop up,
the more complex we dip into crisis in the Judiciary.”

Paragraph 12, part 1 of the Third Schedule to the 1999
constitution of the Federal Republic of Nigeria, as amended,
stipulates the composition of Federal Judicial Service Commission
as follows:

The Federal Judicial Service Commission shall comprise the
following members:

1.The Chief Justice of Nigeria, who shall be the Chairman;

1. The President of the Court of Appeal;
2. The Attorney-General of the Federation;
3. The Chief Judge of the Federal High Court;
4. The President of the National Industrial Court;
5. Two persons, each of whom has been qualified to practice as a
   Legal Practitioners in Nigeria for a period of not less than
   fifteen years, from a list of not less than four persons so
   qualified and recommended by the Nigerian Bar Association; and
6. Two other persons, not being Legal Practitioners, who in the
   opinion of the President are of unquestionable integrity.