Uproar as Tinubu Shuns NJC, Appoints New CCT Chair

President Bola Tinubu has ignited controversy by bypassing both the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) in appointing Dr. Mainasara Umar Kogo as the new Chairman of the Code of Conduct Tribunal (CCT). The controversial appointment, which was communicated through a letter dated January 20, 2025, and signed by the Secretary to the Government of the Federation, Senator George Akume, has raised significant concerns about the transparency of the process and the adherence to constitutional provisions.

The appointment is backdated to November 27, 2024, further intensifying suspicions regarding the legality of the move, especially considering that the tenure of the incumbent CCT Chairman, Justice Danladi Umar, had not yet expired at the time. Justice Umar had reached the mandatory retirement age, but the appointment of Kogo before Umar’s retirement sparked allegations of an unconstitutional maneuver.

This move is part of a wider legal and political debacle. In July 2024, former presidential spokesperson, Ajuri Ngelale, had prematurely announced Kogo’s appointment, despite Umar’s tenure still being intact, thus igniting widespread backlash and questions about the legality of the proposed transition. The National Assembly’s attempt to remove Justice Umar, based on an alleged directive from the Presidency, was also met with strong opposition and ended up in litigation, with Justice J.K. Omotosho of the Federal High Court presiding over the case.

Several prominent legal experts, including Senior Advocates of Nigeria (SANs), have criticised the action, describing it as a violation of the Constitution. They pointed to Paragraph 15 of the Fifth Schedule to the Constitution, which clearly outlines the role of the NJC and the FJSC in recommending and appointing CCT chairpersons and members. According to legal experts like Professor Mamman Lawan Yusufari and Professor Yemi Akinseye George, the failure to follow the proper constitutional process for the appointment of the CCT Chair reflects a broader disregard for legal procedures.

Furthermore, the National Assembly, which attempted to intervene in the matter by erroneously designating a successor to Justice Umar, lacks the constitutional authority to remove judicial officers. This has prompted concern among legal practitioners about potential erosion of the rule of law within the legislature.

In light of these developments, prominent lawyers have called on the Attorney-General of the Federation, Lateef Fagbemi, to caution President Tinubu about the illegality of the new appointment. They have also advised that the government must address these constitutional violations to avoid undermining the judiciary’s independence.

In response to the growing backlash, Dr. Festus Akande, spokesperson for the Supreme Court, stated that he was unaware of any meeting between the NJC and FJSC concerning the new CCT Chair appointment, noting that he was on annual leave at the time.

Justice Danladi Umar’s tenure has been particularly significant due to his involvement in high-profile cases, including his handling of the case against then-opposition leader Bola Tinubu in 2012, where he discharged Tinubu of charges related to false asset declaration and foreign accounts. His legal decisions, including this high-stakes case, have raised questions about potential political motivations behind the timing of his departure.

As public discontent continues to grow over President Tinubu’s handling of the appointment, many legal observers are urging a thorough review to ensure that the integrity of the judicial process is maintained and that constitutional procedures are fully respected.