th day of April, 2019 a day after the National Judicial Council recommended his compulsory retirement to President Buhari. While some perceive what is currently happening in the Nigerian judiciary as judicial cleansing; others view it as an attack on the independence of the judiciary. Argument’s abound as to whether or not Justice Muhammad Tanko can be made a substantive Chief Justice of Nigeria or be reappointed as an acting CJN. Recall that Justice Tanko was conferred with the prestigious position of Acting Chief Justice of Nigeria since 23rd January, 2019 by President Muhammadu Buhari on the basis of an exparte order issued by the Code of Conduct Tribunal which recommended Justice Walter Onnoghens suspension in which the President acted accordingly. Therefore, the tenure of Justice Tanko as acting CJN will be expiring in two weeks’ time. Section 231 of The Constitution is explicit on the issue and it provides thus:
- The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.