Compel Buhari to Make Onnoghen Substantive CJN, Lawyer Urges Court

Akinwale Akintunde

A Federal High Court sitting in Abuja has been urged to compel President Muhammadu Buhari to appoint the current acting Chief Justice of Nigeria (CJN), Justice Walter Nkanu Onnoghen, as the substantive CJN.

A Lagos-based lawyer, Chief Malcolm Omirhobo, in the suit filed against the president, the Attorney General of the Federation and the Federal Judicial Service Commission (FJSC), is also praying court to compel Buhari to transmit a letter to the Senate for Onnoghen’s consideration and confirmation

He urged the court to declare that Onnoghen’s appointment in acting capacity by the president is “an aberration, a violation of the principle of separation of powers, an affront and erosion on the independence of the Nigerian Judiciary, an abuse of constitutional powers, illegal and unlawful.”

Also joined as defendants in the suit brought pursuant to Order 3 Rules 6, 7 and 9 of the Federal High Court (Civil Procedure) Rules 2009 are Justice Onnoghen, and the National Judicial Council (NJC).

The plaintiff who sued in his personal capacity and on behalf of the generality of Nigerians, also prayed the court to compel the president to uphold the principle of separation of powers and rule of law and restrain the president from further eroding on the independence of the Nigerian judiciary being the third arm of government.

According to the plaintiff, by virtue of Section 231(1) of the 1999 Constitution the 1st defendant (president) in exercising his powers to appoint the CJN must act on the recommendation of the 5th defendant (NJC).

Omirhobo stated further that by virtue of Section 231(3) of the 1999 Constitution, the 1st defendant as the head of the executive arm of government cannot hand pick and and/ or choose who he wants to be the head of the judicial arm of Nigerian government.