Acting Chief Justice of Nigeria, CJN, Justice Tanko Muhammad, on Monday said President Muhammadu Buhari has the constitutional power to appoint him the Acting CJN.
He stated this while challenging the competence of the suit seeking to declare him as unfit to head the judiciary. In processes he filed before the Abuja Division of the Federal High Court, Justice Muhammad, insisted that he was validly appointed by President Muhammadu Buhari to take control of the judiciary, after the erstwhile CJN, Justice Walter Onnoghen was charged and subsequently indicted by the Code of Conduct Tribunal, CCT.
Vanguard reports that the Acting CJN told the court that the CCT had on January 25, directed Justice Onnoghen to step aside as the CJN, after which he was okayed as his replacement.
In a 39-paragraphed counter-affidavit that was deposed to one Sadiq Ahmad, the Acting CJN argued that President Buhari, being the appointing authority, “has the power to remove or suspend any person occupying the office of the CJN”.
“That the 5th Defendant (Buhari) followed due process of law in the appointment of the 3rd Defendant as the Acting CJN.
“That the 5th Defendant has extended the appointment of the 3rd Defendant as the Acting CJN, by another three months, upon the recommendation of the 1st Defendant (NJC).
“I know as a fact that there had 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”, Tanko added.
The plaintiff had in its suit marked ABJ/CS/420/2019, urged the court to declare that Justice Muhammad who is currently the most senior jurist at the Supreme Court, is not capable to replace Onnoghen.
The group specifically said since Tanko made himself available for use as a tool in violation of the constitution, he is unfit to remain in office.
