Olisa, SAN condemns new Chief Justice for lending himself to constitution infraction.

Dr. Olisa Agbakoda has reportedly condemned the newly sworn in Chief Justice of Nigeria, Hon. Justice Tanko Mohammed, for lending himself to constitution infraction.

He said "On 25th of January 2019, Buhari pursuant to an exparte order of the Code of the Conduct Tribunal purportedly suspended the Chief Justice of Nigeria, Honourable Justice Walter Samuel Nkanu Onnoghnen and purportedly swore in Hon. Justice Tanko Mohammed as the Acting CJN.

"The Constitution is clear about the procedure for suspending or removing the CJN. The CJN can only be removed on the recommendation of the National Judicial Council. See Section 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Fed Rep of Nigeria 1999.

"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 Justice Obisike 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.

"I pray the National Judicial Council, NJC, determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Mohammed as Justice of the Supreme Court on grounds of gross misconduct by allowing himself to be sworn in by the President without its recommendation."

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