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Agbakoba Submits Petition against Tanko Mohammed, Accuses Acting CJN of Constitutional Infraction

Published

7 years ago

January 28, 2019

Eric

A former President of the Nigerian Bar Association, Dr. Olisa Agbakoba (SAN), says he has submitted a petition against Justice Tanko Muhammed, who was appointed last Friday as the Acting Chief Justice of Nigeria by President Muhammadu Buhari.

In a statement from his chambers on Monday, Agbakoba said he submitted his petition to the National Judicial Council, asking it to determine the propriety of Justice Mohammed accepting to be sworn-in by the President in place of the suspended CJN, Justice Walter Onnoghen.

According to Agbakoba, by submitting himself to the President to be sworn-in as acting CJN, Justice Mohammed lent himself to constitutional infraction by the executive arm of government.

Agbakoba recalled that Justice Mohammed was part of an NJC panel that sanctioned Justice Obisike Orji of Abia State for allowing himself to be sworn-in as Abia State Chief Judge by the state’s governor without the recommendation of the NJC.

Agbakoba said, “It is a matter of regret that Justice Tanko Muhammad, who participated in this process, will lend himself to this constitutional infraction.

“We pray the NJC to determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Muhammad as Justice of the Supreme Court on grounds of gross misconduct which has generated perhaps the most controversial crisis in Nigeria’s judicial history.”

Insisting that the President violated the law in suspending Justice Onnoghen, Agbakoba cited Section 153 of the constitution, saying the law was clear on how a CJN could be removed.

He said, “The Constitution is clear about the procedure for suspending or removing the Chief Justice of Nigeria.

“The Chief Justice of Nigeria can only be removed on the recommendation of the NJC. See Section 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999and the Supreme Court decision in Elelu-Habeeb v AGF (2012) 40 WRN 1.

“Hon. Justice Tanko Muhammad is fully aware of the state of law, yet presented himself to be sworn in by the President.”

Meanwhile, anti-corruption group, Socio-Economic Rights and Accountability Project, has given the NJC till Thursday to take over Onnoghen’s case and look into the false asset declaration allegations levelled against him.

SERAP, in a statement by its Senior Legal Adviser, Bamisope Adeyanju, asked Justice Muhammad to recuse himself from the case.

It said if the allegations against Justice Onnoghen were established after the investigation by the NJC, the CJN should be handed over to the relevant anti-graft agency for prosecution.

“The NJC should take the recommended action within five days of the receipt and/or publication of this letter, failing which SERAP will take appropriate legal action to compel the NJC to take action on the case,” the statement read.

The Punch

Headline

Supreme Court Fixes April 22 for Hearing in ADC Leadership Crisis

Published

3 days ago

April 14, 2026

Eric

The Supreme Court has scheduled hearing for April 22 in the appeal filed by the National Chairman of the African Democratic Congress (ADC), Senator David Mark, in relation to the leadership dispute in the party.

Mark’s appeal is against the March 12 judgment of the Court of Appeal, which dismissed his appeal against the September 4, 2025 ruling by Justice Emeka Nwite of the Federal High Court in Abuja refusing to grant some injunctive reliefs contained in an ex-parte application filed by a chieftain of the party, Nafiu Bala Gombe.

A five-member panel of the Supreme Court, led by Justice Mohammed Garba chose the date on Tuesday after granting accelerated hearing in the appeal marked: SC/CV/180/2026.

The court ordered Mark’s lawyer, Jibril Okutepa (SAN) to file the appellant’s brief and serve on Wednesday.

It ordered the respondents to each file and serve on the appellant, a respondent’s brief within three days of being served with the appellant’s brief.

The appellant, according to the court, is to file a reply brief, if needs be, within one day of being served with the respondents’ briefs.

Headline

Amid Denials, ADC Reportedly Secures Rainbow Event Centre As Venue for National Convention

Published

4 days ago

April 13, 2026

Eric

Baring any last minute change, the leadership of the African Democratic Congress (ADC) under Senator David Mark and Rauf Aregbesola as National chairman and National Secretary respectively will hold the party’s National convention at the National Rainbow Event Centre in Garki on Tuesday, 14 April 2026.

The African Democratic Congress (ADC) has being denied two venues without any cogent reasons despite early arrangements, according to sources.

First, it was alleged that the Abuja Transcorp Hilton Hotels, which was initially approached, turned down the ADC request to use it’s facility.

The ADC, having sensed sabotage, has kept the Rainbow Event Center under rap as it’s definite venue.

The last National Executive Committee (NEC) of the party was held at the same venue.

Located adjacent the Nigerian Police Force Headquarters, the event centre will host the second NEC meeting of the ADC and it’s forthcoming national convention.

According to The Guardian’ report, the ADC leadership has communicated the venue to state chapters with the caveat not to escalate it.

The ADC is in a battle of survival against the Independent National Electoral Commission (INEC) and has approached the Supreme Court for intervention.

The INEC national chairman Prof Joash Amupitan has suspended recognition of the David Mark-led ADC rendering a leadership vacuum in the party.

INEC said it’s decision was on the basis of an Appeal Court pronouncement that ordered statusquo ante-bellum be maintained.

Reports say that why the venue is being quietly decorated moderately for the event, the ADC intends to fully move in the early hours of Tuesday.

The Guardian

Headline

Shettima Lacks Respect, I Won’t Engage Him, Atiku Responds to VP’s Challenge

Published

4 days ago

April 13, 2026

Eric

Former Vice President, Atiku Abubakar, has hit back at incumbent Vice President Kashim Shettima over the latter’s poser over achievements in office, saying he won’t take the challenge because Shettima was disrespectful.

Shettima had reportedly challenged Atiku to provide details of eight projects he executed for the development of Northern Nigeria during his tenure as vice president for eight years, as well as name eight individuals he empowered while in office.

But, speaking in an interview with GTA Hausa podcast, Atiku said he would not engage the vice president on the matter.

“I will not respond to Kashim Shettima because he is disrespectful. I am older than him and I have more experience in governance than he does, so I will not respond to him,” he said.

The former vice president further argued that cultural values in Northern Nigeria discourage younger individuals from publicly challenging their elders in such a manner.

“It is not part of our tradition in the North to disrespect elders. You cannot look at someone who is above you in both age and accomplishments and start taunting him. That is not our tradition, so I won’t engage with him,” Atiku emphasised.