…… NJC seeks extension of acting CJN’s tenure by three months
The confirmation of the acting Chief Justice of Nigeria (CJN), Walter Onnoghen whose name has been forwarded to the upper legislative chamber by the Acting President, Yemi Osinbajo will not hold before his acting capacity expires – the senate has suspended plenary.
It will be recalled that the Acting President, Yemi Osinbajo had forwarded his name to the upper legislative chamber for confirmation as the substantive CJN.
However, the senate has said it would not convene an emergency session to screen and confirm him.
But an emergency session will no longer be necessary as the National Judicial Council (NJC), the body empowered to recommend judicial officers for appointment has transmitted a letter to the presidency, seeking the extension of Onnoghen’s period as the acting CJN, for another three months.
The extension of Onnoghen’s name for continuation as the acting CJN may douse the tension in the judiciary and the country. It may stop the suspicion that the president did not want to confirm Onnoghen because he is from the southern part of the country.
The decision to extend Onnoghen’s tenure was reached at the emergency meeting held yesterday by the NJC. The meeting, according to a source, was chaired by the second in command in NJC, Tanko Mohammed and the only agenda was the issue of the acting CJN.
Senate President Bukola Saraki received the letter recommending Onnoghen on Wednesday, but that the Senate president would not read the said letter until February 21, when the lawmakers would resume plenary session.
The upper chamber had suspended plenary since January 26, 2017 to enable the standing committees to pay priority attention to the consideration of the 2017 budget. The 90-day period that was given by the constitution as the deadline for an acting CJN expires tomorrow.
According to the Guardian, if granted, would ensure that there is no lacuna in the nation’s judiciary, in a situation where the Senate (as has been confirmed now) is unable to meet up with the time for the screening and confirmation of Onnoghen before the February 10 date, when his original acting period will elapse.
As a matter of procedure, the Senate can refer the nomination to its relevant committee, in this case, the Committee on Judiciary, for screening and await its report before doing the confirmation in plenary. It can also decide to subject the screening and confirmation to the committee of the whole Senate and plenary.
It could not be immediately confirmed if the President of the Senate would refer Onnoghen’s nomination to the Committee on Judiciary before the resumption of plenary or keep the confirmation for the main plenary.