BEVERLY HILLS, April 05, (THEWILL) – Walter Onnoghen has resigned as the chief justice of Nigeria (CJN) with immediate effect.
According to TheCable, the suspended CJN turned in his resignation letter to President Muhammadu Buhari on Thursday evening, a day after the National Judicial Council (NJC) recommended that he be compulsorily retired for misconduct.
By virtue of section 306 of the 1999 constitution, his resignation takes immediate effect as 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 will save Buhari from having to get two-thirds majority of the senate to confirm Onnoghen’s retirement 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.”
With the resignation, Onnoghen’s retirement benefits in cash and kind will cost tax payers about N2.5 billion.
However, if he is dismissed, he will not be entitled to any benefits and could be banned from holding public office for 10 years, while his assets believed to have been acquired illegitimately will be confiscated.
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