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Finally President Buhari Swears In Southerner, Justice Ariwoola As Nigeria’s New Acting CJ, As Justice Tanko Resigns
By Yemie Adeoye
FOLLOWING the resignation with immediate effect of the Chief Justice of Nigeria, Justice Tanko Mohammed, the President, Gen. Muhammadu Buhari has sworn in Justice Olukayode Ariwoola, JSC, as the new acting Chief Justice of Nigeria.
It will be recalled that prior to this time, President Muhammadu Buhari who has been serially accused of playing sectional politics in favour of his Northern region, has refused to ratify the appointment of Nigeria’s former Chief Justice, Justice Onoghen who hails from the southern part of the country as substantive head of the Judicial arm of government, until his southern Vice President, Yemi Osibanjo took over in acting capacity while he was on medical leave on the United Kingdom.
Through that period until this moment, Nigeria’s three arms of government, The Executive, The Legislature and the Judiciary have all been headed by Northerners.
Speaking at the ceremony in Abuja a few hours ago, President Buhari said,
“Earlier today, I received a letter from the Honourable Justice Dr I. Tanko Muhammed, CFR, resigning his position as Chief Justice of Nigeria and Chairman of the National Judicial Council, on health grounds. The resignation is to take immediate effect!
CJN Tanko was appointed to the Supreme Court in 2006, sworn in on the 8th of January 2007, and became the Chief Justice of Nigeria in an acting capacity on 25th January 2019. He became the substantive Chief Justice of Nigeria and Chairman National Judicial Council on Wednesday, 24th July 2019.
Ordinarily, he was scheduled to retire from the Supreme Court on the last day of 2023. Unfortunately, as no man is infallible, ill health has cut short Chief Justice Tanko’s leadership of the Nigerian Judiciary at this time.
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I am therefore constrained to accept his retirement, albeit with mixed feelings. Much as one may wish that the Chief Justice of Nigeria Muhammed Tanko is able to fully serve his term in office, it presupposes that he is able to perform the functions of the Office without let, hindrance or any form of disability.
The instant resignation of Justice Tanko is however envisaged under Section 231(4) of the 1999 Constitution as amended which contains provisions relating to vacancy and the occupant of the Office of Chief Justice of Nigeria being unable to perform the functions of the Office for any reason.
Under a constitutional democracy like ours, government powers and responsibilities are clearly allocated and shared among the three tiers; the Executive, the Legislature and the Judiciary. The three organs must work harmoniously and optimally in accordance with their respective Constitutional mandates.
Nigeria’s Judiciary under the leadership of Chief Justice of Nigeria Tanko Muhammed judiciously exercised the Judicial powers of the Federation. His era witnessed several landmarks, jurisprudential and policy decisions by the Supreme Court, and by extension other Courts established by the Constitution.
CJN Tanko dealt firmly with the issue of reckless and indiscriminate grant of ex-parte Orders that was assuming serious dimensions.
History will be kind to Justice Tanko Muhammed for his modest contributions to Nigeria’s Judiciary, the strengthening of our democracy and national development.
In line with the custom of decorating Chief Justices of Nigeria with the second highest national honour of the Grand Commander of the Order of the Niger, (GCON), and upon the advice of the Council of State in that regard, as his Lordship CJN I. Tanko Muhammed is taking a bow from the Supreme Court, I hereby bestow on him the National Honour of the Grand Commander of the Order of the Niger, (GCON).
This occasion is an opportune time for me, to, as always, assure the Nigerian Judiciary that this administration is committed to ensuring the independence of the Judiciary and will not do anything nor take any steps to undermine your independence. We shall uphold the Constitutional provisions on the Rule of Law and the principles of Separation of Powers.
In the circumstances, and as nature abhors a vacuum, I hereby invite Honourable Olukayode Ariwoola JSC, being the next most senior Justice of the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity, pursuant to Section 231(4) of the 1999 Constitution (as amended).
I want to admonish the Justices of the Supreme Court to always remain faithful and bear true allegiance to the Federal Republic of Nigeria and to remain steadfastly committed to the Oath of Allegiance which they all subscribed to, as contained in the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Our Nation is approaching a critical general election in 2023, the Judiciary must not do anything to fail the ordinary people of Nigeria which may make them lose confidence in the Judiciary”.
Senate President Godswill Akpabio has accused suspended Senator Natasha Akpoti-Uduaghan of distorting facts and misrepresenting the Nigerian Senate at an international forum.
Recall that Akpoti-Uduaghan, the senator representing Kogi Central, was suspended for six months over alleged violations of Senate rules.
However, she took her grievances to the United Nations Inter-Parliamentary Conference in New York, where she accused Akpabio of victimization, sexual harassment, and abuse of office.
READ ALSO: Natasha’s Suspension Not Linked To Harassment Claims – Senate
During Thursday’s plenary session, Akpabio condemned her actions, stating that she had embarrassed the Senate by presenting a misleading narrative to the global audience.
“I am aware that she distorted the facts and globalized the matter, embarrassing the Senate by giving a different narrative,” Akpabio said.
He commended federal lawmaker Kafilat Ogbara for intervening and clarifying to international media that Akpoti-Uduaghan’s account did not reflect the true events in the Senate.
The Senate President further criticized Akpoti-Uduaghan for bypassing internal legislative procedures, saying she initially filed a petition in the Senate but later took the matter to court and the international community.
“She brought the matter before the Senate through a petition but did not allow us to examine it. Instead, she took it to court and later to the international community. Actions like these could discourage politicians from appointing women into key positions,” Akpabio said.
His remarks came after he received a vote of confidence from his colleagues, reaffirming his leadership in the upper chamber.
He urged senators to remain focused on legislative responsibilities and not be distracted by controversies.
“I thank you for this vote of confidence. Let us stay focused and avoid unnecessary distractions,” he added.
The Nigerian Senate, on Thursday, passed a vote of confidence in the leadership of Senate President Godswill Akpabio, reaffirming its support despite the controversy surrounding the upper legislative chamber.
The decision followed a motion moved by Senate Leader, Senator Opeyemi Bamidele, under Orders 40 and 51, emphasizing the need for clarity, adherence to legislative procedures, and a renewed focus on governance.
The controversy stems from the suspension of Senator Natasha Akpoti-Uduaghan (Kogi Central) after she accused Senate President Akpabio of sexual harassment.
READ ALSO: Natasha’s Suspension Not Linked To Harassment Claims – Senate
In response, she petitioned the United Nations’ Inter-Parliamentary Union (IPU), decrying her suspension as unjust.
However, the Senate, in a statement to the IPU on Wednesday, refuted claims that her suspension was linked to her allegations, maintaining that she was disciplined for “gross misconduct and disobedience to Senate rules.”
During plenary, Senator Bamidele dismissed suggestions that the Senate was informed of any sexual harassment claims against Akpabio between August 2023 and the present.
He insisted that the matter at hand strictly concerned disciplinary measures.
“I want to make it clear that the matter referred to the Committee on Ethics and Privileges had nothing to do with sexual harassment,” he stated.
“The Senate President did not preside over any case related to such allegations. What was addressed was a flagrant disregard for Senate rules, and we followed due process as guided by the Constitution.”
Bamidele further defended the Senate’s authority to regulate its proceedings, asserting that disciplinary actions, including suspension, were necessary to maintain order and legislative integrity.
“It was never an issue before us that any senator was sexually harassed. We need to move past the events of the last two weeks and focus on our legislative responsibilities. There is critical work before us, including electoral reforms, economic recovery, and tax reform bills,” he said.
Addressing concerns over international reactions, Bamidele clarified that Senator Akpoti-Uduaghan’s statements at the IPU meeting were made in a personal capacity and not as a representative of Nigeria.
“The IPU acted within its own rules, and whatever was said by the senator in question was not as a designated delegate from Nigeria,” he added.
He also called on Civil Society Organizations to remain objective, urging them to focus on genuine cases of sexual harassment rather than politicizing legislative disciplinary actions.
“We have heard you, but we need to concentrate on our work. If we choose to be silent on this matter going forward, know that it is intentional on our part,” Bamidele stated.
Following deliberations, the Senate overwhelmingly passed a vote of confidence in Akpabio’s leadership, commending his handling of the situation.
Deputy Senate President, Senator Barau Jibrin, who presided over the plenary session, emphasized that with the 2024 budget now passed, lawmakers must shift their focus to their oversight functions.
He further stated that the matter is now before the courts and urged the Senate to allow the judiciary to take its course.
Former Labour Party (LP) presidential candidate, Peter Obi, is currently in a closed-door meeting with Bauchi State Governor, Bala Mohammed.
The meeting, which is taking place at the Ramat House in Bauchi, remains undisclosed to the public, as no official reason has been given for the high-profile discussion.
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However, details are expected to emerge once Obi and Mohammed address journalists after the meeting.
More to follow…………
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