Recall that the Acting President Yemi Osinbajo, on Wednesday, forwarded a letter nominating Justice Onnoghen as the substantive CJN.
“Hon. Justice W.S. Onnoghen’s name has been sent to the Senate for confirmation as the next CJN,” the Presidency said via its official twitter handle @NGRPresident.
Although the senate had proceeded on recess, it was assumed that it will reconvene to decide on the matter.
Advertisement
But the Senate president, Bukola Saraki announced that an emergency meeting to consider his nomination will not be reconvened.
A Senator, who spoke on condition of anonymity, said that, “the 90 days’ period specified by the nation’s constitution as deadline for an Acting CJN expires tomorrow and the Senate is not in session.”
Citing section 231 (5) of the 1999 Constitution (as amended), another Senator explained that the constitution makes provision for Onnoghen to continue to act pending his confirmation, since the NJC has re-presented him for the office.
Section 231 (5) reads: “Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.”
The Senate suspended plenary on January 26, 2017 to enable its Standing Committees to consider the 2017 Budget.