The National Judicial Council, NJC, has recommended the immediate retirement of the embattled suspended Chief Justice of the Federation, Walter Onnoghen.
The recommendation, which has already been communicated to President Muhammadu Buhari, was the outcome of an emergency meeting of the NJC, which was chaired by Umaru Abdullahi, former president of the court of appeal on Wednesday.
According to the Council, its recommendation was based on “damning and incontrovertible” evidence of misconduct brought against Onnoghen by the Economic and Financial Crimes Commission, EFCC and others.
The Council however, recommended that the CJN be retired with full benefits and also allowed to retain his seat as a former CJN in the Council of State.
It also held that the acting CJN, Tanko Muhammad did not err in any way by making himself available to be sworn in as acting CJN without the recommendation of the NJC.
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Meanwhile, the president will have to get the approval of two-thirds majority of the senate to effect the retirement of Onnoghen going by the provisions of Section 292 (1) of the 1999 constitution.
It says a “judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria… by the President acting on an address supported by two-thirds majority of the Senate.”
Recall that the travails of the embattled CJN began in January when he was suspended by the President based on an order of the Code of Conduct Tribunal, CCT shortly before the commencement of the 2019 general elections.
A civil society group, Anti-Corruption and Research Based Data Initiative, ARDI, had filed a petition against him at the Code of Conduct Bureau, CCB, over alleged false declaration of assets.
The CJN is currently standing trial at the CCT in a six-count charge of false declaration of asset.
He had filed a no case submission at the end of the prosecution’s case but the tribunal held that he had a case to answer.
