Constitutional Breaches: Again, Tinubu Shuns NJC, Appoints New CCT Chairman
President Bola Ahmed Tinubu has once again bypassed the constitutional mandates of the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) by unilaterally appointing Dr. Mainasara Umar Kogo as Chairman of the Code of Conduct Tribunal (CCT).
The NJC and FJSC are both chaired by the Chief Justice of Nigeria, Justice Kudirat Motonmori Olatokunbo Kekere-Ekun who is from Lagos.
PRNigeria reports that Kogo’s latest appointment by Tinubu was communicated in a letter dated January 20, 2025, signed by Senator George Akume, the Secretary to the Government of the Federation (SGF). The effective date of the appointment was also backdated to November 27, 2024, raising further concerns about transparency and whether constitutional procedures were followed.
The appointment comes seven months after former presidential spokesperson Ajuri Ngelale announced in July 2024 that Dr. Mainasara Kogo would assume the role, even though the tenure of the substantive Chairman, Justice Danladi Umar, had not yet expired due to retirement age. The move was widely criticised as unconstitutional and illegal.
The National Assembly’s attempt to remove Justice Danladi Umar, where they erroneously named someone else allegedly at the directive of the Presidency, also became the subject of litigation before Justice J.K. Omotosho of the Federal High Court, Abuja. In the lawsuit, President Tinubu, Attorney-General Lateef Fagbemi, and Senate President Godswill Akpabio were named defendants and submitted their respective defence statements, making any further action subjudice.
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Several renowned legal experts and Senior Advocates of Nigeria (SAN), including Professor Mamman Lawan Yusufari, former Dean of the Faculty of Law at Bayero University Kano; Professor Yemi Akinseye George, Executive Director of the Centre for Socio-Legal Studies; and Senior Advocate of Nigeria (SAN) Dr. Wahab Shittu, had strongly criticised the government’s actions as unconstitutional. They argued that Paragraph 15 of the Fifth Schedule to the Constitution stipulates the pivotal roles of the NJC and FJSC in appointing the Chairman and members of the CCT.
According to the constitution, the FJSC is responsible for nominating candidates for these positions, while the NJC evaluates and recommends suitable candidates to the President for appointment.
The legal practitioners also emphasized that the National Assembly has no powers to sack a judicial officer, expressing concern that senior lawyers in the legislature could undermine the rule of law. Consequently, they have advised the Attorney-General of the Federation, Lateef Fagbemi, SAN, to alert President Tinubu to the irregularity, emphasizing that the government’s action in appointing the CCT Chairman is illegal.
When contacted by PRNigeria, Dr Festus Akande, spokesperson of the Supreme Court, stated that he was unaware of any meeting between the NJC and FJSC regarding the appointment of a new CCT Chairman, as he was on annual leave.
Justice Danladi Umar has presided over high-profile cases involving national assembly leadership, governors, and top judicial officers. Notably, he discharged, though not acquitted, then-opposition leader Asiwaju Bola Ahmed Tinubu of false declaration of assets and operation of foreign accounts in 2012 despite external pressures.
It has been speculated that Tinubu’s prosecution at the tribunal was an attempt to block his presidential ambition, given that Section 137(1)(e) of the Constitution states: “A person shall not be qualified for election to the office of President if, within a period of less than ten years before the date of the election, he has been convicted and sentenced for an offence involving dishonesty or has been found guilty of contravening the Code of Conduct.”
The controversy surrounding Kogo’s appointment has raised fear of dictatorship and concerns about the government’s commitment to upholding the rule of law and respecting the Constitution.
By PRNigeria
