January 23, 2025
President Bola Tinubu has unilaterally appointed Dr. Mainasara Umar Kogo as Chairman of the Code of Conduct Tribunal (CCT).
Tinubu latest appointment of Kogo, wherein he bypassed the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) was communicated in a letter signed by the Secretary to the Government of the Federation (SGF). Senator George Akume and dated January 20, 2025
The effective date of the appointment was also backdated to November 27, 2024, raising further concerns about transparency and whether constitutional procedures were followed.
The appointment is coming seven months after former presidential spokesperson, Ajuri Ngelale, announced in July 2024 that Dr. Mainasara Kogo would assume the role, even though the tenure of the substantive chairman, Justice Danladi Umar, had not yet expired due to retirement age, a move that was widely criticised as illegal and unconstitutional.
It became a subject of litigation before Justice J.K. Omotosho of the Federal High Court, Abuja, in a lawsuit, that President Tinubu, Attorney-General of the Federation Lateef Fagbemi, and Senate President, Godswill Akpabio, were named as defendants and submitted their respective defence statements, making any further action subjudice, when the National Assembly’s attempted to remove Justice Umar when it erroneously named someone else allegedly at the directive of the Presidency.
READ MORE; President Tinubu scraps Ministries of Niger Delta, Sports
According to the constitution, the FJSC is responsible for nominating candidates for the positions of CCT while the NJC evaluates and recommends suitable candidates to the President for appointment.
Legal practitioners have emphasized that the National Assembly has no powers to sack a judicial officer, expressing concern that senior lawyers in the legislature could undermine the rule of law, they had therefore advised the Attorney-General of the Federation, Lateef Fagbemi, SAN, to notify President Tinubu of the a normally.
Meanwhile, spokesperson of the Supreme Court, Dr Festus Akande, has stated that he was unaware of any meeting between the NJC and FJSC regarding the appointment of a new CCT Chairman, adding that he was on annual leave.
Justice Danladi Umar had presided over high-profile cases involving the National Assembly leadership, governors, and top judicial officers. It is on record that, in 2012 despite external pressures, he discharged, though not acquitted, Asiwaju Bola Ahmed Tinubu, who was then an opposition leader for false declaration of assets and operation of foreign accounts