Opinion
An Endless Wait For The Jurist?
There are several issues about the Nigerian Constitution which remain unclear or controversial to both lawyers and laymen alike, but the constitutional procedure for the appointment of Chief Justice of the Federation is not one of them.
The tenure of a Chief Justice of Nigeria automatically terminates upon attaining 70 years. Then the National Judicial Council (NJC) will nominate the next candidate for the position, who is usually the most senior justice on the Supreme Court bench and forward same to the president.
Barring any impediments, the president will send the nominee’s name to the Senate for confirmation. Upon confirmation of the nominee by the Senate, the president will then administer the oath of office and the Chief Judge formally assumes duties. This is usually done few days to the exit of the incumbent.
For instance, the NJC knew Justice Dahiru Musdapher, a former Chief Justice of Nigeria’s tenure would expire on July 15, 2012, and forwarded the name of Justice Aloma Mukhtar to then President Goodluck Jonathan. President Jonathan sent her name to the Senate for confirmation on July 4, 2012. And on July 11, 2012, the Senate confirmed her as the CJN.
The same process occurred when Chief Justice Mukhtar’s tenure drew to a close. The NJC sent the name of the immediate past Chief Judge, Mahmoud Mohammed, to President Jonathan. The Senate confirmed the nominee, and when his immediate predecessor was leaving office, there was no vacuum.
This has been the procedure; well laid out and seamless. But the tradition seems to have been broken when at the expiration of Mohammed’s tenure, the NJC did what was traditional by nominating the most senior judge who happens to be Justice Walter Onnoghen.
But surprisingly, the president, rather than forward his name to the Senate for confirmation, chose to appoint him Acting Chief Justice. For the avoidance of doubt, Justice Onnoghen’s name was forwarded to President Buhari on October 13, 2016; four weeks before the expiration of Mohammed’s tenure. Taken from that date, it is now 90 days when the president received Onnoghen’s nomination.
By February 10th, 2016, Onnoghen will be three months in office in acting capacity. Going by the Constitution, his role in that office may cease pursuant to section 231 (5). That section 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.” It is clear that Onnoghen’s tenure can only be extended upon the recommendation of the NJC.
I cannot remember whether an Acting Chief Justice of Nigeria was ever appointed in the recent past to head the institution. If there was, it must have been several decades ago. The reason is that the constitutional provisions for the appointment of a CJN is very explicit and devoid of ambiquities. The Constitution says that while it is the duty of the NJC to nominate, the president is to forward same to the Senate for confirmation.
The delay in confirming Onnoghen is already arousing curiosities in many Nigerians and sending wrong signals. The position of CJN should not be seen to be monopolised by a section of the country. That is why it is reasonable to expect the president to act very fast to ensure that there is credibility and stability in the third arm of government which he has a responsibility to appoint its head.
The last time someone from the southern part of the country occupied this position was in 1985-1987 when Justice Ayo Gabriel Irikefe was in charge. After him, the baton has moved from one Northerner to the other with little prospects of a southerner occupying the office on a substantive basis.
Justice Mohammed Bello took over from Irikefe and held on to the position till 1995 when Justice Muhammadu Lawal Uwais assumed the office. He retired in 2006. Justice Salihu Modibbo Alfa then came on board. Others who served in that position were: Justice Idris Legbo Kutigi, Justice Aloysius Iyorgyer Katsina-Alu, Justice Aloma Mariam Mukhtar and Justice Mohammed Mahmoud.
The president shouldn’t turn a simple and transparent procedure for appointing a CJN into a complicated one by the unwarranted delay in confirming the Acting CJN. It was for this reason the Ekiti State governor, Mr. Ayodele Fayose, suspected a grand plot to deprive Onnoghen his well deserved appointment as the substantive CJN.
The message is clear that the appointment of Justice Onnoghen in acting capacity without a precedent is simply strange and suspicious. At this time that the nation is experiencing stress and hard time, nothing should be done to threaten our fragile unity. The president needs wisdom to avert this needless controversy.
I, therefore, urge President Buhari to act rightly by forwarding the name of Justice Onnoghen to the Senate for confirmation in the spirit of fairness and equity. Let him be given the opportunity to serve like his predecessors.
Arnold Alalibo
Opinion
Wike VS Soldier’s Altercation: Matters Arising
The events that unfolded in Abuja on Tuesday November 11, 2025 between the Minister of the Federal Capital Territory, Chief Nyesom Wike and a detachment of soldiers guarding a disputed property, led by Adams Yerima, a commissioned Naval Officer, may go down as one of the defining images of Nigeria’s democratic contradictions. It was not merely a quarrel over land. It was a confrontation between civil authority and the military legacy that still hovers over our national life.
Nyesom Wike, fiery and fearless as always, was seen on video exchanging words with a uniformed officer who refused to grant him passage to inspect a parcel of land alleged to have been illegally acquired. The minister’s voice rose, his temper flared, and the soldier, too, stood his ground, insisting on his own authority. Around them, aides, security men, and bystanders watched, stunned, as two embodiments of the Nigerian state clashed in the open.
The images spread fast, igniting debates across drawing rooms, beer parlours, and social media platforms. Some hailed Wike for standing up to military arrogance; others scolded him for perceived disrespect to the armed forces. Yet beneath the noise lies a deeper question about what sort of society we are building and whether power in Nigeria truly understands the limits of its own reach.
It is tragic that, more than two decades into civil rule, the relationship between the civilian arm of government and the military remains fragile and poorly understood. The presence of soldiers in a land dispute between private individuals and the city administration is, by all civic standards, an aberration. It recalls a dark era when might was right, and uniforms conferred immunity against accountability.
Wike’s anger, even if fiery, was rooted in a legitimate concern: that no individual, however connected or retired, should deploy the military to protect personal interests. That sentiment echoes the fundamental democratic creed that the law is supreme, not personalities. If his passion overshot decorum, it was perhaps a reflection of a nation weary of impunity.
On the other hand, the soldier in question is a symbol of another truth: that discipline, respect for order, and duty to hierarchy are ingrained in our armed forces. He may have been caught between conflicting instructions one from his superiors, another from a civilian minister exercising his lawful authority. The confusion points not to personal failure but to institutional dysfunction.
It is, therefore, simplistic to turn the incident into a morality play of good versus evil.
*********”**** What happened was an institutional embarrassment. Both men represented facets of the same failing system a polity still learning how to reconcile authority with civility, law with loyalty, and service with restraint.
In fairness, Wike has shown himself as a man of uncommon courage. Whether in Rivers State or at the FCTA, he does not shy away from confrontation. Yet courage without composure often feeds misunderstanding. A public officer must always be the cooler head, even when provoked, because the power of example outweighs the satisfaction of winning an argument.
Conversely, soldiers, too, must be reminded that their uniforms do not place them above civilian oversight. The military exists to defend the nation, not to enforce property claims or intimidate lawful authorities. Their participation in purely civil matters corrodes the image of the institution and erodes public trust.
One cannot overlook the irony: in a country where kidnappers roam highways and bandits sack villages, armed men are posted to guard contested land in the capital. It reflects misplaced priorities and distorted values. The Nigerian soldier, trained to defend sovereignty, should not be drawn into private or bureaucratic tussles.
Sycophancy remains the greatest ailment of our political culture. Many of those who now cheer one side or the other do so not out of conviction but out of convenience. Tomorrow they will switch allegiance. True patriotism lies not in defending personalities but in defending principles. A people enslaved by flattery cannot nurture a culture of justice.
The Nigerian elite must learn to submit to the same laws that govern the poor. When big men fence off public land and use connections to shield their interests, they mock the very constitution they swore to uphold. The FCT, as the mirror of national order, must not become a jungle where only the powerful can build.
The lesson for Wike himself is also clear: power is best exercised with calmness. The weight of his office demands more than bravery; it demands statesmanship. To lead is not merely to command, but to persuade — even those who resist your authority.
Equally, the lesson for the armed forces is that professionalism shines brightest in restraint. Obedience to illegal orders is not loyalty; it is complicity. The soldier who stands on the side of justice protects both his honour and the dignity of his uniform.
The Presidency, too, must see this episode as a wake-up call to clarify institutional boundaries. If soldiers can be drawn into civil enforcement without authorization, then our democracy remains at risk of subtle militarization. The constitution must speak louder than confusion.
The Nigerian public deserves better than spectacles of ego. We crave leaders who rise above emotion and officers who respect civilian supremacy. Our children must not inherit a nation where authority means shouting matches and intimidation in public glare.
Every democracy matures through such tests. What matters is whether we learn the right lessons. The British once had generals who defied parliament; the Americans once fought over states’ rights; Nigeria, too, must pass through her own growing pains but with humility, not hubris.
If the confrontation has stirred discomfort, then perhaps it has done the nation some good. It forces a conversation long overdue: Who truly owns the state — the citizen or the powerful? Can we build a Nigeria where institutions, not individuals, define our destiny?
As the dust settles, both the FCTA and the military hierarchy must conduct impartial investigations. The truth must be established — not to shame anyone, but to restore order. Where laws were broken, consequences must follow. Where misunderstandings occurred, apologies must be offered.
Let the rule of law triumph over the rule of impulse. Let civility triumph over confrontation. Let governance return to the path of dialogue and procedure.
Nigeria cannot continue to oscillate between civilian bravado and military arrogance. Both impulses spring from the same insecurity — the fear of losing control. True leadership lies in the ability to trust institutions to do their work without coercion.
Those who witnessed the clash saw a drama of two gladiators. One in starched khaki, one in well-cut suit. Both proud, both unyielding. But a nation cannot be built on stubbornness; it must be built on understanding. Power, when it meets power, should produce order, not chaos.
We must resist the temptation to glorify temper. Governance is not warfare; it is stewardship. The citizen watches, the world observes, and history records. How we handle moments like this will define our collective maturity.
The confrontation may have ended without violence, but it left deep questions in the national conscience. When men of authority quarrel in the open, institutions tremble. The people, once again, become spectators in a theatre of misplaced pride.
It is time for all who hold office — civilian or military — to remember that they serve under the same flag. That flag is neither khaki nor political colour; it is green-white-green, and it demands humility.
No victor, no vanquish only a lesson for a nation still learning to govern itself with dignity.
By; King Onunwor
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