In a move that has ignited widespread criticism, President Bola Tinubu has appointed Dr. Mainasara Umar Kogo as the new Chairman of the Code of Conduct Tribunal (CCT), bypassing the established protocols of the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC).
The announcement, communicated in a letter dated January 20, 2025, signed by Senator George Akume, the Secretary to the Government of the Federation, has raised eyebrows, particularly due to the backdating of the appointment to November 27, 2024. Legal experts are questioning the transparency of this process and whether constitutional procedures were adhered to.
Dr. Kogo’s appointment follows a turbulent seven months since former presidential spokesperson Ajuri Ngelale indicated in July 2024 that he would take over the role, despite Justice Danladi Umar, the current CCT Chairman, still being in office under the retirement age. Critics have labeled the earlier attempt to remove Justice Umar as unconstitutional and illegal.
The National Assembly’s controversial efforts to replace Justice Umar became a legal saga, leading to litigation that involved President Tinubu, Attorney-General Lateef Fagbemi, and Senate President Godswill Akpabio, with the matter currently sub judice.
Legal scholars, including notable Senior Advocates of Nigeria, have expressed their disapproval, emphasizing that the NJC and FJSC play pivotal roles in appointing the CCT leadership. They argue that the National Assembly lacks the authority to dismiss judicial officers, raising concerns about potential infringements on the rule of law.
In response to inquiries, Dr. Festus Akande, spokesperson for the Supreme Court, stated he had no knowledge of any meeting between the NJC and FJSC regarding the appointment, suggesting a significant procedural oversight.
Justice Danladi Umar has previously presided over high-profile cases, including those involving political leaders and allegations of asset mismanagement against President Tinubu himself in 2012. This context has led to speculation that the recent appointment might be politically motivated, especially considering the constitutional implications for Tinubu’s presidential candidacy.
As the situation unfolds, legal experts urge the government to reconsider this appointment to maintain the integrity of the judicial system and uphold the rule of law.
