CJN’s Appointment: PMB In The Eye Of The Storm

That Justice Walter Onnoghen is yet to be confirmed by the senate as the Chief Justice of Nigeria (CJN) is one issue of national interest which has elicited mixed reactions from certain quarters. JONATHAN NDA- ISAIAH, in this report, examines the intense debate the topic has generated, particularly as it bothers on President Muhammadu Buhari.

A few days to the expiration of the three month period of Justice Walter Onnoghen as the acting Chief Justice of Nigeria, the polity became heated over what some Nigerians describe as the refusal of President Muhammadu Buhari to send his name to the Senate for confirmation. The pundits, analysts, public commentators, legal experts have all lent their voices positively and negatively on the matter.

But the issue at stake now is whether they are being fair enough in their commentaries about the President. This is more so when the acting CJN himself has openly cautioned Nigerians against intimidating Buhari over his confirmation for the highest judiciary job in the land.

The National Judicial Council (NJC) headed by the immediate past CJN, Justice Mahmud Mohammed, had on October 12, 2016, recommended and forwarded Onnoghen’s name to the president for appointment as the next CJN in line with Section 231 (1) of the 1999 Constitution (as amended). Perhaps, due to the urgency with which filling the vacuum demands, Buhari proceeded to swear Onnoghen in as CJN in acting capacity. After three months, the issue of his confirmation sprang up, with fierce argument for and against the president.

On one side of the divide is the argument that President Buhari has been parochial in his appointments, which explains why his administration is filled with northerners. This set of critics aver that Onnoghen is the first southerner to assume the office of the CJN since 1986 and in the spirit of equity, he should be confirmed. The thinking is that since the President is from the north and both leaders of the National Assembly are from the north, it is only fair that the leadership of the judiciary should go to the south.

Political analysts say that the country has never been this divided along ethnic, religious and regional lines and that the refusal of the President to confirm Onnoghen is fanning the embers of disunity.

On the other side of the divide is the argument that the President cannot be stampeded into making a decision in a hurry. No doubt, it is his prerogative to send Onnoghen’s name for confirmation but this particular set of observers maintain that ethnicity and region should take a backseat.

From his antecedents, President Buhari is known for bidding his time when taking decisions. A case in point is the time it took the President to constitute his cabinet and even boards of agency and MDAs.

A fortnight ago, Lawmakers from Cross River State under the aegis of Cross River Lawmakers Caucus raised concern over the continued stay of Justice Onnoghen as acting Chief Justice of the Federation. The lawmakers explained that it was contrary to the1999 constitution as amended that the Chief Justice of Nigeria would be in acting capacity despite the National Judicial Council’s recommendation that he should assume as full fledged Chief Justice of the Federation. The Caucus leader, Senator John Owan Enoh raised fears that there may be something than meets the eye for the executive arm of government to have failed to forward Onnoghen’s name for confirmation barely three months of his appointment in acting capacity.

“Exactly two months and fifteen days, the presidency has delayed and withheld to forward his name to the Senate for confirmation as Chief Justice of Nigeria as required by Section 231(1) of the 1999 constitution as amended,” the caucus said. They urged President Muhammadu Buhari to rise above ethnic and political predators behind the delay and confirm the Chief Justice, saying that the judiciary as a bastion of democracy should be insulated from undue influence.

Senator Enoh added that Onnoghen was being held back in abeyance because he is not from the northern part of the country, which he said was preferable to the powerful forces. “There is a growing sentiment in certain quarters that Justice Onnoghen is held in abeyance because he is not from a particular ethnic origin preferred by powerful forces,” he maintained.

Also on their part, the Pan Yoruba socio-political group, Afenifere has given President Buhari nine days to forward the name of Onnoghen to the National Assembly for confirmation. It said it was worried over the failure of the President to confirm Justice Onnoghen as new CJN, describing it as an assault on the nation’s constitution.

However, the special adviser to the President on Media and Publicity, Femi Adesina, on a breakfast show had debunked allegations that President Buhari was deliberately refusing to send Onnoghen’s name to the Senate for confirmation as substantive CJN, because he (Onnoghen) was from the South-South or a Christian.

Adesina, however, said the law stipulates that Onnoghen could only be Ag. CJN for three months, adding that the period was yet to elapse. Adesina urged Nigerians to be patient with President Buhari, noting that Onnoghen’s name would definitely be sent to the Senate for confirmation as substantive CJN. LEADERSHIP gathered that the President has declared his firm resolve to appoint Justice Walter Onnoghen as the substantive chief justice of Nigeria.

However, an impeccable source close to the presidency, who asked not to be named, told this paper that the presidency and the attorney-general of the federation and minister of justice had a meeting with Justice Onnoghen at 2:00am Thursday night. “They presented to Onnoghen the dossier the security agencies have on him to go through, showing why they delayed to confirm him. He would have to guard against some of these things when he takes full charge of the judiciary,” the source said. With this development, acting President Yemi Osibanjo is to forward a letter on behalf of President Buhari to the Senate for Justice Onnoghen’s confirmation any moment from now.

Keen observers of the polity claim that the President is unnecessarily overheating the polity by the delay as it is giving room for speculations and arsenals for the opposition to fire the government. On the other hand, some close watchers contend that in this period of economic recession the federal government needs all the help it can to pull the country out of recession and on the path to sustainable economic growth and distractions on the appointment of a CJN should not even be on the cards.

Certainly, in the words of Julio Cortázar, “All profound distractions open certain doors”. The plethora of criticisms that has trailed the President’s action are unnecessary distractions and are uncalled for. Be that as it may, there is no doubt that the die is cast. With the clock ticking fast to February 10, all eyes are on President Buhari to see his next line of action.

Source: Leadership