Acting Chief Justice of Nigeria, Justice Tanko Muhammad has said that President Muhammadu Buhari, who appoints the Chief Justice of Nigeria, has every right to remove the person holding that office.
He shared this to defend Buhari’s suspension of Justice Walter Onnoghen, on January 25, 2019.
His words, “any public officer found guilty of the breach or violation of code of conduct can be ordered to vacate the office he is holding as the consequence of the breach or violation of the code of conduct.”
“I also know as a fact that the 5th defendant has the power to remove or suspend any person occupying the office of the Chief Justice of Nigeria being the appointing authority,”
“That it was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as the Acting Chief Justice of Nigeria.
“That in the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.
“There was also no need for the 5th defendant to approach the 7th defendant for support by majority of two-third votes, before the erstwhile Chief Justice of Nigeria could be suspended from office.”
Buhari followed due process of law in the appointment of the 3rd defendant as the Acting Chief Justice of Nigeria.
“there has not been any negative impact on the Nigerian judiciary as there is renewed belief by the common man in the judiciary as his last hope.”
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