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Ag CJN: ‘Buhari Setting Dangerous Precedent’
Two weeks to the expiration of the three months allowed to serve in acting capacity as Chief Justice of Nigeria (CJN), legal luminary, Wole Olanipekun, SAN, has condemned the non-transmission of the name of Justice Walter Onnoghen, 66, to the Senate for confirmation as substantive CJN.
It would be recalled that President Muhammadu Buhari had on November 10, named Onnoghen, the most senior justice of the Supreme Court, as acting CJN, in line with recommendation of the National Judicial Council (NJC), following the retirement of Justice Mahmud Mohammed at the statutory age of 70.
Reacting at the weekend, Olanipekun, a former president of the Nigeria Bar Association (NBA), warned the Buhari-led administration against creating a hazardous uncertainty in the polity and setting a dangerous precedent.
In the statement titled, “The Imperative of Appointing and Swearing-in a Substantive Chief Justice of Nigeria,” Olanipeku referred to section 231 (1) and (4) of the 1999 Constitution to argue his point.
Subsection (1) states, “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.”
Subsection (4) states, “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.”
Olanipekun said, “To my mind, immediately after this recommendation, NJC had completed its constitutionally vested duty, thus, becoming funtus officio. It can no longer revisit, review or re-examine the recommendation it has made. Section 158(1) of the Constitution guarantees not just the independence of the NJC, but also the sanctity of the decision it has arrived at. The NJC has no constitutional latitude to approbate and reprobate on the subject.
“Starting from that point, particularly, on receipt of the recommendation of the NJC by Mr. President, the ball shifted to the President’s court; but has to be passed to the Senate simply in accordance with the wordings and dictate of the Constitution. The law has well crystallised in the proposition that where the wordings of a statute, particularly the Constitution, are clear, they merely call for application, and not interpretation.
“In the face of a definitive recommendation by the NJC to Mr. President for the appointment of a particular Justice as the Chief Justice of Nigeria, Mr. President cannot fall back on the provision of Section 231(4) to appoint that same Justice as the acting Chief Justice of Nigeria.
“With every sense of responsibility, Section 231(4) will come into play if, for example, after the receipt of the NJC’s recommendation, the President has forwarded the name of the Hon. Justice Onnoghen to the Senate, and as at November 10, 2016, when the last holder of the office of Chief Justice of Nigeria retired, the Senate had not reverted to the President, confirming the appointment or deciding otherwise. Then, there would have been an interregnum.
“With the situation of things whereby the NJC has made recommendation to Mr. President under Section 231(1), the said sub-section and sub-section (4) have become mutually exclusive. In its clear wordings, the Constitution does not expect that an interim appointment should be made in the circumstances. By its tenor and spirit, the Constitution does not contemplate it,” Olanipekun added.
Lamenting what he called a disruption of the succession tradition, Olanipekun said, “Right from the appointment of Sir. Adetokunbo Ademola as the first indigenous Chief Justice of Nigeria in 1958, and through to 2014 when the Hon. Justice Mahmud Mohammed was appointed as the 14th indigenous Chief Justice of Nigeria, change of baton at the Supreme Court had always been smooth and seamless.
“There had not been any interregnum; no appointment of acting Chief Justice, not even when the Hon. Justice S. M. A. Belgore was appointed as Chief Justice of Nigeria for about six months.”
He said, “Mr. President has not communicated with the NJC to give any scintilla of reason or excuse as to why the name of the person recommended by it under Section 231(1) of the Constitution has not been forwarded for confirmation. To the best of my knowledge as well, Mr. President has not expressed any reservation or communicated such to the NJC about the recommended candidate. Why then the suspense?”
President Bola Tinubu has expressed confidence that the country would win the fight against insecurity.
The President gave the assurance at the Argungu International Fishing Festival in Argungu town, Kebbi State, on Saturday.
He noted that the relative peace currently being enjoyed in Kebbi and neighbouring states was the result of sustained investments in security intelligence, coordination among security agencies, and community engagement.
Tinubu assured farmers and fishermen of sustained federal support to guarantee food security and safety across the country.
“The peace we are witnessing today is not accidental. It is the outcome of deliberate and sustained efforts. I assure you that the fight against banditry, insurgency, and insecurity will be won.
“Our farmers, fishermen, traders, and families will go about their lawful activities without fear,” he assured.
The President commended the organisers of the festival for sustaining the cultural event for decades, noting that it had endured for 83 years despite social and security challenges.
Describing the Argungu festival as a powerful symbol of unity, resilience, and peaceful coexistence, Tinubu stated that it reflects the richness of the country’s culture and the opportunities to harness its natural and human resources for national growth.
He said, “Today, this festival stands as a powerful symbol of unity, resilience, and peaceful coexistence among our people.
“It reflects the richness of our culture, the strength of our traditions, and the opportunities inherent in harnessing our natural and human resources for national development.”
The President was received by a large crowd of residents, traditional rulers, fishermen, tourists, and government officials from across the country.
The President reaffirmed his administration’s commitment to youth and women empowerment, irrigation development, rural electrification, and agricultural productivity.
Earlier, the Kebbi State Governor, Nasir Idris, said his administration was determined to elevate the Argungu Fishing Festival to full international standards while pursuing aggressive development across critical sectors of the state.
The United States Embassy in Abuja and the Consulate General in Lagos will be closed today, in observance of Presidents’ Day.
The mission made this known in a notice shared on its official X page, yesterday.
“The U.S. Embassy in Abuja and the Consulate General in Lagos will be closed on Monday, February 16, 2026, in observance of Presidents’ Day,” the post read.
According to the embassy, Presidents’ Day was originally established to honour the birthday of the former US President, George Washington, but has evolved into a day to celebrate all U.S. presidents and their leadership in shaping the country’s history.
The embassy noted that the holiday also recognises the influence of U.S. presidents on global affairs.
In a related message, the mission highlighted that Washington created the first “Badge of Military Merit,” which later became the Purple Heart. The medal still bears Washington’s image today.
Presidents’ Day is observed on the third Monday of February annually in the United States as a federal holiday.
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Guterres Backs Nigeria’s Bid For UN Security Council Seat …Hails Tinubu’s Reforms, Regional Security Role
United Nations Secretary-General, António Guterres, has charged Nigeria with spearheading Africa’s quest for a restructured global order, describing the country as uniquely positioned to lead the continent toward superpower status.
Guterres, who backed Nigeria’s bid for the world body’s security council seat, also praised the economic reforms of the President Bola Tinubu-led administration as well as Nigeria’s leadership in stabilising the Sahel and ECOWAS regions, despite facing its own security challenges.
The UN scribe made the remarks last Friday night during a high-level bilateral meeting with Vice President Kashim Shettima on the sidelines of the 39th African Union (AU) Summit in Addis Ababa, Ethiopia.
Speaking during the meeting, Guterres said Nigeria’s large population, sustained democratic governance, vast natural and human resources, and longstanding commitment to multilateralism placed it in a unique position to lead Africa in the evolving global order.
“Given Nigeria’s demographic strength, democratic continuity and deep resource base, the country stands a real chance of leading Africa to becoming the next superpower in the evolving global architecture,” he said.
The UN Secretary-General and the vice president discussed key developments in Nigeria and the country’s expanding leadership role in promoting regional stability across West Africa and the Sahel.
Guterres commended the remarkable and outstanding reforms of the administration of President Tinubu, noting that Nigeria’s bold economic restructuring and security commitments have strengthened its continental standing.
The meeting focused on strengthening Nigeria–UN collaboration to advance global economic growth, peace and security, sustainable development, and a coordinated humanitarian response across Africa.
In his remarks, Shettima thanked the UN Secretary-General for his leadership in advancing global peace, noting that Africa has benefited immensely from his tenure, even as the United Nations undergoes internal restructuring.
“We remain committed to multilateralism and to deepening our partnerships with the United Nations and other global institutions,” the vice president said.
Shettima also reiterated Nigeria’s longstanding call for comprehensive reform of the United Nations system to reflect evolving global realities.
He emphasised that Africa must have stronger representation in global decision-making structures and declared that Nigeria deserves a permanent seat on the United Nations Security Council.
Both leaders pledged to deepen cooperation, with Guterres reaffirming the UN’s support for Nigeria’s reform agenda and its growing leadership role in advancing peace, security, and development across Africa.