The chief justice who is currently facing trial at the Code of Conduct Tribunal (CCT) over allegations of false and non-declaration of assets was said to have submitted his resignation letter to the President on Thursday evening.
The National Judicial Council (NJC) was said to have recommended him for compulsory retirement after its deliberations on the petition filed by the anti-graft agency, the Economic and Financial Crime Commission (EFCC) against the chief justice.
Onnoghen was suspended from office in February by President Mohammadu Buhari over sundry allegations and has since been arranged before the CCT for prosecution.
The NJC was said to have asked the president to retire the chief justice and replace him with the acting chief justice.
By virtue of section 306 of the 1999 constitution, his resignation takes immediate effect.
Section 306 says “(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected. (2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”
TheCable reported that the resignation was the “best possible option” for Onnoghen under the current circumstance.
It will also save Buhari from having to get two-thirds majority of the senate to confirm Onnoghen’s retirement as stipulated in Section 292 (1) of the 1999 constitution which says a “judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria… by the President acting on an address supported by two-thirds majority of the Senate.”
Buhari may not be able to muster the needed majority.
Section 306 says “(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected. (2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”
TheCable reported that the resignation was the “best possible option” for Onnoghen under the current circumstance.
It will also save Buhari from having to get two-thirds majority of the senate to confirm Onnoghen’s retirement as stipulated in Section 292 (1) of the 1999 constitution which says a “judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria… by the President acting on an address supported by two-thirds majority of the Senate.”
Buhari may not be able to muster the needed majority.
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