The Chief Justice of Nigeria, Justice Mahmud Mohammed, will today, retire from service.
Unfortunately, a successor is yet to be appointed by President
Muhammadu Buhari, whose duty it is to appoint a CJN based on the
recommendations of National Judicial Council (NJC).
Section 231 of the 1999 Constitution as amended, has bestowed upon
the President of Nigeria, the prerogative of appointing a CJN.
The Section provides that: “The appointment of a person to the office
of Chief Justice of Nigeria shall be made by the President on the
recommendation of the National Judicial Council and subject to
confirmation of such appointment by the Senate.”
On its part, NJC at its emergency meeting held on October 11, had
recommended Justices Walter Samuel Onnoghen for consideration for
appointment as CJN.
Going by precedent, the most senior Justice succeeds the outgoing CJN.
Although the
President is not bound to accept the nomination of NJC, he cannot
however, bypass the body in making the appointment.
If for any reason, the president does not want to appoint the
recommended justice, he is at liberty to ask the NJC to recommend to him
another suitable candidate for the office.
Section 230 (4) of the Constitution is also instructive. It provides,
“If the office of the Chief Justice of Nigeria is vacant or if the
person holding the office is for any reason unable to perform the
functions of the office, then until a person has been appointed and has
assumed the functions of that office, or until the person holding the
office has resumed those functions, the President shall appoint the most
senior Justice of the Supreme Court to perform those functions.”
Thus, as the incumbent CJN bows out of office today, it was not certain
if the next most senior Justice would be sworn in on acting capacity.
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