The nation may be plunged into a constitutional crisis in about three weeks as the tenure of acting Chief Justice of Nigeria ( CJN ), Justice Mohammed Tanko comes to an end.
Muhammed Was Innagurated by President Muhammadu Buhari on Jan’ 25’2019
Following an order by the code of conduct tribunal ( CCT ) that the substantive CJN Justice Walter Onnoghen, be suspended and the next in line of seniority be sworn in.
However, the Constitution states that the President cannot re-appoint an acting CJN unless on the recommendation of national judicial council.
Section 231 (4) and (5) states, if the office of CJN is vacant or if the person holding the office is for any reason unable to perform the function of the office, then until a person has been appointed to and has assumed the function of the office, or until the person holding has resumed those functions, the president shall appoint the most senior justice of the supreme Court to perform those functions.
Except on the recommendation of the national judicial council, an appointment pursuant to the provision of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment lapsed.
Be the first to comment