Former NBA president Olisa Agbakoba files petition against Justice Tanko Mohammed

FORMER Nigerian Bar Association (NBA) president Olisa Agbakoba has filed a petition against the newly-appointed acting chief judge of Nigeria Justice Tanko Mohammed saying his assumption of office is illegal and unconstitutional.

Last Friday, President Muhammadu Buhari suspended Justice Walter Onnoghen and replaced him with Justice Tanko Mohammed, who was sworn-in as the acting chief judge of Nigeria (CJN). Justice Onnoghen challenged the jurisdiction of the CCT to try him and filed a motion to that effect and there are several other legal suits on the matter also pending.

Despite the matter still being before the law courts, President Buhari decided to suspend Justice Onnoghen and replace him with the Bauchi State-born Justice Mohammed. Over the weekend, Justice Mohammed carried out his first function, inaugurating Nigeria's election petition panels in Abuja but the ceremony was boycotted by almost all of Nigeria's Supreme Court judges.

Apparently, the Supreme Court judges have taken a firm position not to help in conferring legitimacy on the process that brought in Justice Mohammed. Many of them were said not to have any personal animosity towards him but were opposed to the principle of the executive interfering with the independence of the judiciary.

Now, Mr Agbakoba has joined the fray saying in his petition that the new CJN should not be in office. Many members of the Nigerian legal profession see the appointment of Justice Mohammed as an attempt to interfere in the independence of the judiciary in the run-up to next month's elections.

Mr Agbakoba said: “On the 25th of January 2019, President Muhammadu Buhari pursuant to an ex-parte order of the Code of the Conduct Tribunal, purportedly suspended the chief justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghnen and purportedly swore-in Hon Justice Tanko Mohammed as the acting chief justice of Nigeria. However, the constitution is clear about the procedure for suspending or removing the chief justice of Nigeria.

"The chief justice of Nigeria can only be removed on the recommendation of the Nigerian Judicial Council (NJC). Section 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999 and the Supreme Court decision in Elelu-Habeeb v AGF (2012) 40 WRN 1.

“Hon Justice Tanko Mohammed is fully aware of the state of law, yet presented himself to be sworn in by the president. Incidentally, Justice Tanko Mohammed was a member of the NJC panel that removed Justice Obisike Orji of the Abia State high court for accepting to be sworn-in as chief judge by the governor of Abia State without the recommendation of the NJC.

“It is a matter of regret that Justice Tanko Mohammed who participated in this process will lend himself to this constitutional infraction. We pray the NJC to determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Mohammed as a justice of the Supreme Court on grounds of gross misconduct which has generated perhaps the most controversial crisis in Nigeria’s judicial history.”