Onnoghen resigns as CJN ‘with immediate effect’ | Nairalaw

Walter Onnoghen has resigned as the chief justice of
Nigeria (CJN) with immediate effect, According to TheCable
reports.

He turned in his resignation letter to President Muhammadu
Buhari on Thursday evening, a day after the National Judicial
Council (NJC) recommended that he be compulsorily retired for
misconduct.

By virtue of section 306 of the 1999 constitution, his
resignation takes immediate effect.

Section 306 says “(1) Save as otherwise provided in this
section, any person who is appointed, elected or otherwise selected
to any office established by this Constitution may resign from that
office by writing under his hand addressed to the authority or
person by whom he was appointed, elected or selected. (2) The
resignation of any person from any office established by this
Constitution shall take effect when the writing signifying the
resignation is received by the authority or person to whom it is
addressed or by any person authorised by that authority or person
to receive it.”

The resignation, TheCable understands, was the “best possible
option” for Onnoghen under the current circumstance.

It will also save Buhari from having to get two-thirds majority
of the senate to confirm Onnoghen’s retirement as stipulated
in Section 292 (1) of the 1999 constitution which 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… by the President acting on an address supported by
two-thirds majority of the Senate.”

Buhari may not be able to muster the needed majority.

‘GOLDEN HANDSHAKE’

Recall that Onnoghen’s retirement benefits in cash and kind will
cost tax payers about  N2.5 billion.

As part of the package for a retired chief justice, a house will
be built for him in Abuja with a nine-digit sum for furnishing — in
addition to a severance gratuity that is 300% of his annual basic
salary of N3,363,972.50, as well as pension for life.

Just like state governors, a retired chief justice is entitled
to a number of domestic staff and sundry allowances for personal
upkeep.

This package for judicial officers was put together by the NJC
long before Onnoghen became the CJN in 2017.

However, if he is dismissed, he will not be entitled to any
benefits.

Onnoghen chose the option of resignation as a measure of damage
control, his associates told TheCable.

CASED CLOSED?

Recall on Wednesday that the NJC had recommended the
embattled CJN for compulsory retirement after deliberating
on a petition by the Economic and Financial Crimes Commission
(EFCC) which alleges “financial impropriety, infidelity
to the constitution and other economic and financial crimes related
laws”.

Onnoghen, who denied all
allegations, is also undergoing trial at the
Code of Conduct Tribunal (CCT) over charges of false asset
declaration.

Onnoghen has closed his defence at the CCT and the tribunal
is expected to give its judgment at the next sitting on April
15.

But for the crisis, Onnoghen, who is 68, was due for retirement
in 2020.

If the “soft landing” option is favoured by Buhari, the EFCC may
not proceed with filing criminal charges while the case at the CCT
could become academic because the major punishment for Onnoghen
would have been his removal from office.

He could be banned from holding public office for 10 years,
while his assets believed to have been acquired illegitimately will
be confiscated.