Human rights activist and former President of the Nigeria Bar Association (NBA) Olisa Agbakoba has written a petition to the Supreme Court against the acting Chief Judge of Nigeria, Justice Tanko Mohammed, seeking his removal from office.
The petition dated 28th January, 2019, a copy of which was made available to Ripples Nigeria, faulted the suspension of Justice Walter Onnoghen from office.
He berated Justice Tanko for accepting to be sworn in as acting CJN having been part of the council when the it denied Juctice Obisike Orji to be sworn in by the governor of Abia State without the recoendation of the NJC.
Premise on this, Agbakoba prayed the supreme court to remove the acting CJN having been sworn in by the President without the recommendation of the NJC.
The petition reads in part, “The Constitution is clear about the procedure for suspending or removing the Chief Justice of Nigeria. The Chief Justice of Nigeria can only be removed on the recommendation of the NJC.
“SeeSection 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999and the Supreme Court decisioninElelu-Habeeb v AGF (2012) 40 WRN 1.
“Hon. Justice Tanko Mohammed is 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 JusticeObisike 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.
“That we pray the NJC determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Mohammed as 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.
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