04022017

Lawyers task Buhari over Onnoghen’s
confirmation as CJN
By Ikechukwu
Nnochiri &
Bartholomew
Madukwe
FOLLOWING the
retirement of
immediate past Chief Justice
of Nigeria, Justice
Mahmud Mohammed,
who clocked 70 on
November 10, 2016, some
lawyers have expressed
diverse opinions over the
refusal of President
Muhammadu Buhari to
forward the name of
Justice Nkanu Onnoghen
to the Senate as the
substantive Chief Justice
of Nigeria (CJN).
President Muhammadu
Buhari had on November
10, 2016, okayed
Onnoghen who is
presently the most senior
Justice of the Supreme
Court, to head the Nigeria
judiciary in acting
capacity. The appointment
was based on a
recommendation letter
from the National Judicial
Council, NJC.
Eminent legal practitioners
who spoke on the
matter included Mr. J. B.
Daudu SAN—former
President of the Nigerian
Bar Association,
NBA, Professor Itse
Sagay,
SAN
—Chairman, Presidential
Advisory Committee
Against Corruption,
Chief Mike Ozekhome,
SAN;Human rights advocate,
Mr. Femi
Aborisade, trade unionist
and socialist; and
Chief Morah Ekwunohhuman
rights lawyer.
Daudu said: “It ought to
be known that the
appointment of a CJN is
not the exclusive preserve
of the Executive arm of
government. It is a
tripartite arrangement,
which involves the
judiciary acting through
the NJC by way of
recommendation, the
executive through the
President by way of
appointment and the
legislature by way of
confirmation of the said
appointment.
“The question that now
arises is why the President
will refuse or omit to act
on the recommendation of
the NJC and instead
chose to appoint the NJC
nominee in an acting capacity.
“If he is not good for the
substantive office why is
he then good to act for
three months in the same
capacity? After all, it is the
same security report on
the suitability of the
candidate that is relied
upon by the NJC that the
Presidency relies on too.”
Prof. Sagay, on his part,
pointed out that the
number of Justices who
have brought ruin to the
Judiciary made it
necessary for close vetting
of candidates for Chief
Justice of Nigeria at the
Presidential level.
He said the president is
not a rubber stamp of the
National Judicial
Commission (NJC),
noting that the body has
failed to exercise due
diligence in the past when
making recommendations
to the President.
According to him, “the
lack of due diligence on
the part of the NJC allowed
at least two Justices of the
Supreme Court to slip
through the net of judicial
vetting to become the
Chief Justices of Nigeria.
And that became a permanent
embarrassment to the
Judiciary and Nigeria as
a whole.
Sagay, who is a Professor
of Law and human rights
activist, explained that the
Supreme Court was
almost abased by the stink
of corruption after the 2007
elections that brought Yar
A’dua to power, and Justice
Onnoghen was among the
three Justices at the apex
court.
Ozekhome observed that
in the last 30 years when
Justice Mohammed Bello
became the CJN, till 11th
of November, 2016, when
Justice Mahmud retired,
all the Chief Justices of
Nigeria hailed from the
northern part of beleaguered
Nigeria.
He stated: “The last
time a South-South person
smelt the exalted
seat was between 1985
–1987, over 30 years
ago, through Justice
Ayo Gabriel Irikefe. The
last time I checked, this
country belongs to us
all. It was therefore with
bated animation and
curious anxiety, that the
country waited for the
appointment of
Onnoghen.
“It is crystal clear from
the provisions of section
231 (1) and section 21
(1) to the third schedule
(part 1) of the 1999
Constitution, that once
the NJC has
recommended a name to
Mr. President for
appointment, the
President’s function at
that stage is simply
ceremonial to forward
same to the Senate for
confirmation. It is the
Senate, not the
President, that does the
screening, to determine
whether or not the
person
so
recommended by the
NJC meets the criteria
set out in section 231
(2)s which states:
“A person shall not be
qualified to hold the
office of CJN or a Justice
of the Supreme Court,
unless he is qualified to
practice as a legal
practitioner in Nigeria
and has been so
qualified for a period of
not less than 15 years.”
According to him, if
Onnoghen was found
worthy to be sworn in as
acting CJN under section
231 (4), why not simply
forward his name to the
Senate for outright
confirmation as CJN
under section 231 (2)?
Ozekhome averred that
the President lacks
absolute power to
determine who becomes
CJN, or to side-track or
circumscribe NJC’s “recommendation,”
or Senate’s
subsequent “confirmation”.
SATURDAY Vanguard, FEBRUARY 4, 2017 — 9
Give Obaseki a chance to
succeed, Obahiagbon tells
Edo APC leaders, lawmakers
By SIMON EBEGBULEM
IMMEDIATE Pastor, Chief of Staff to the state
Government, Mr Patrick Obahiagbon
(Igodomigodo), yesterday appealed to leaders of the
All Progressives Congress and members of the Edo
State House of Assembly to give Governor Godwin
Obaseki the desired cooperation to succeed.
He said the recent comment made by the governor
that Government House was not a place where
money is shared should not be misconstrued as the
governor was only trying to explain that the scarce
resources in his possession would be managed for
the betterment of the generality of the people of the
state.
Delta CP blames
unemployment rate on
infiltration by non indigenes
By Festus Ahon, ASABA
DELTA State Commissioner of Police, Mr Ibra
him Zanna has blamed the high rate of youths
unemployment in the state on purported infiltration
of the state by non indigenes.
Zanna who spoke when he played host to the newly
sworn-in executive of the State chapter of the
National Youth Council of Nigeria, NYCN, led by
it’s chairman, Comrade Kenneth Okorie at the Police
Headquarters in Asaba, lamented that people
from other states claim Delta State during recruitment
exercises thereby usurping the few slots allocated
to the state.
Enugu Magistrates get
Laptops, others
By Dennis Agbo
MAGISTRATES in Enugu State judiciary,
yesterday received 76 laptops and 25 desktop
computers and 20 printers from the state government
to enhance service delivery and productivity
towards the dispensation of justice.
Governor Ifeanyi Ugwuanyi who made the
donations noted that the items were also procured
to replace the obsolete manual typewriters that had
been in use in the state’s magistrates' court prior to
the magnanimity of the governor.
Receiving the items at the Enugu High Court,
the Chief Judge of Enugu State, Justice Ngozi
Emehelu, who was represented by the Chief
Registrar, Mrs. Ebele Egumgbe applauded
Governor Ugwuanyi for his vision and kind gesture
to the judiciary.
She expressed delight at the commitment of the
governor towards the welfare of the magistrates,
and other public servants in the state despite the
prevailing economic challenges in the country,
adding that the modern technological devices will
improve their productivity and service delivery.
Glo-sponsored CNN African
Voices commemorates Fregz,
Nigeria’s celebrity chef
GBUBEMI Fregene, a celebrity cook of Nige
rian descent widely known as “Chef Fregz,”
will be celebrated this week on CNN African Voices,
a programme sponsored by Globacom.
Globacom said in Lagos that the chef will be featured
on the show this weekend with two others,
South Africa’s Puppeteer,Janni Younge; and
Ugandan actress, Flavia Tusimme.
Chef Fregz is an ardent believer in the dictum
that says to create great tasty meals, one needs a
lot of love and passion. His passion for cooking has
culminated in his rise to the pinnacle of his chosen
profession within a very short time.
The chef, according to a statement by Globacom,
will excite viewers with the story of his rise to stardom
as well as how his passion for marrying “creativity
that is fresh and unbridled with elements of
the budding youth culture and the world-class training
he received at Le Cordon Bleu” helps him to
prepare meals that are described as truly unique
culinary experiences.
Chef Fregz was born in Abeokuta, Ogun State.