NJC recommended Onnoghen’s compulsory retirement – Buhari – TheNigerialawyer

President Muhammadu Buhari has finally opened up on the National
Judicial Council’s recommendation on the erstwhile Chief Justice of
Nigeria, Justice Walter Onnoghen.

The court documents filed on behalf of the Federal Government,
Attorney General of the Federation and Buhari revealed that the NJC
recommended Onnoghen’s compulsory retirement.

The documents obtained on Monday, stated that Onnoghen was
recommended for compulsory retirement based on a petition by the
Economic and Financial Crimes Commission “alleging financial
impropriety and infidelity to the Constitution”.

This is contrary to speculation of the NJC’s offer of “voluntary
retirement” of Onnoghen, following the refusal of the council to
make public its recommendation of April 5, 2019.

The documents were filed by the Solicitor General of the
Federation and Permanent Secretary, Federal Ministry of Justice, Mr
Dayo Apata, on behalf of the three out of a total of seven
defendants in opposition to a suit instituted by Malcom Omirhobo
Foundation.

The plaintiff in the suit dated April 8, 2019, sought an order
of the Federal High Court in Abuja stopping the confirmation and
appointment of acting CJN, Justice Tanko Muhammad, in a permanent
capacity.

It faulted Buhari’s unilateral suspension of then-CJN on January
25, 2019 without the input of the Senate and NJC.

The defendants to the suit are the NJC, FJSC, Justice Muhammad,
Federal Government, Buhari, AGF and Senate.

Apata filed a response comprising a counter-affidavit along with
a written address and a notice of preliminary objection.

In the court documents, the trio, apart from confirming that the
NJC recommended Onnoghen’s compulsory retirement they also
confirmed officially for the first time that Onnoghen, subsequently
on April 6, 2019, submitted his voluntary letter of resignation to
Buhari.

Both the NJC’s recommendations and Onnoghen’s voluntary
retirement came less than two weeks to the judgment of the Code of
Conduct Tribunal, convicting Onnoghen and ordering, among others,
his removal from office.

The documents were however silent on the action the government
had taken on Onnoghen.

The defendants’ counter-affidavit read in part, “That the 1st
defendant (NJC), after deliberating on a petition by the EFCC
alleging financial impropriety and infidelity to the Constitution
against the former Chief Justice of Nigeria, recommended his
compulsory retirement.

“That the Chief Justice subsequently turned in his letter of
resignation letter to the 5th defendant (Buhari).”

In their written address, they said the contention by the
plaintiff that Onnoghen was removed by Buhari on January 25, 2019
was wrong.”

They stated that Onnoghen was only suspended.

They also reiterated the point that the NJC recommended Onnoghen
for compulsory retirement in the written address.

They concluded that the NJC’s recommendation, his subsequent
voluntary resignation and his conviction by the CCT ordering his
removal from office on April 18, 2019, showed that the ex-CJN was
merely suspended as of January 25.

Apata stated, “To further buttress our contention that it was
not a removal but a suspension, three developments stand to support
our position.

“First, after the suspension, the NJC sequel to a petition by
the EFCC which they found to be meritorious, recommended compulsory
retirement of Justice Onnoghen on April 5, 2019.

“Secondly, Justice Onnoghen himself subsequently tendered his
resignation from service.

“Thirdly, the CCT eventually ordered his removal from office and
cessation to hold public office for 10 years.

“All the three developments referred to above could not have
happened if Justice Onnoghen had been removed and his seat declared
vacant by the 4th and 5th defendants (the Federal Government and
Buhari) on January 25, 2019. We submit and urge my lord to so
hold.”

Onnoghen was suspended by Buhari on the basis of an ex parte
order issued by the CCT where charges of false and non-declaration
of assets were instituted against him on January 11, 2019.

Justice Inyang Ekwo on Monday fixed Friday for the hearing of
the suit.

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