A former president of the Nigerian Bar Association, Olisa Agbakoba, yesterday wrote a petition against Justice Tanko Mohammed for accepting to be sworn in as acting Chief Justice of Nigeria.
The petition, dated January 28, 2019, was sent to the members of the National Judicial Council, Supreme Court, Abuja.
President Mohammadu Buhari, had on Friday, acting on an exparte order of the Code of the Conduct Tribunal, suspended Justice Walter Onnoghnen as CJN and swore in Mohammed in acting capacity.
The constitution, according to Agbakoba, is clear about the procedure for suspending or removing the CJN.
He said the CJN could only be removed on the recommendation of the NJC.
He cited 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.
He said Justice Mohammed was 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”, Agbakoba said.
He asked the NJC to determine his petition in line with the decision in Justice Obisike Orji by immediately removing Justice Mohammed as a justice of the Supreme Court “on grounds of gross misconduct by allowing himself to be sworn in by the President of Nigeria, without the recommendation of the NJC.”
