By Modupe Gbadeyanka
The embattled Chief Justice of Nigeria (CJN), Mr Walter Onnoghen, has resigned from the exalted position, TheCable is reporting.
Mr Onnoghen is facing trial at the Code of Conduct Tribunal (CCT) over matters bordering on false asset declaration.
It was reported that the jurist tendered his resignation letter to President Muhammadu Buhari on Thursday evening after the National Judicial Council (NJC) recommended his compulsory retirement for misconduct.
According to TheCable, by virtue of section 306 of the 1999 constitution, his resignation takes immediate effect.
Section 306 says “(1) Save as otherwise provided in this section, any person who is appointed, elected or otherwise selected to any office established by this Constitution may resign from that office by writing under his hand addressed to the authority or person by whom he was appointed, elected or selected. (2) The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”
The resignation, TheCable understands, was the “best possible option” for Mr Onnoghen under the current circumstance because Mr Buhari may not be able to muster the needed two-third majority of the Senate to retire him as stipulated in Section 292 (1) of the 1999 constitution which says a “judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances – (a) in the case of – (i) Chief Justice of Nigeria… by the President acting on an address supported by two-thirds majority of the Senate.”
