The Acting Chief Justice of Nigeria, CJN, Justice Tanko Muhammad, on Monday, challenged 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.
He 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”.
He argued that there was no need for President Buhari to consult either the National Judicial Council, NJC, or the Federal Judicial Service Commission, FJSC, before the former CJN could be suspended from office.
Justice Muhammad equally maintained that there was also no need for President Buhari to approach the Senate “for support by the majority of two-thirds votes before the erstwhile CJN could be suspended from office”.
“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”, the Acting CJN added.
Consequently, he urged the court to dismiss the suit that was entered against him by the Board of Incorporated Trustees of Malcolm Omirhobo Foundation, an advocacy group.
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.