PETITION AGAINST ACTING CJN Tanko Ibrahim Muhammad
I understand that there is a petition against the Acting Chief Justice about making himself available for appointment/swearing as Ag. CJN by the President without prior recommendation by the National Judicial Council (NJC).
I’m of the opinion that they are trying to be mischievous afterall the Constitution of Nigeria is written in English.
The relevant provision of the 1999 Constitution of Nigeria (as amended) is reproduced for our discussion.
Section 231 (4)
“If the office of 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 to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions”
This is the whole law on the appointment of an Ag. Chief Justice of Nigeria and nothing more pretentious than that. (Of course such appointment elapses after 3 months if it’s not followed by recommendation of NJC and Confirmation by the Senate).