President Bola Tinubu has drawn widespread criticism for bypassing the constitutional mandates of the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC) by unilaterally appointing Dr. Mainasara Umar-Kogo as Chairman of the Code of Conduct Tribunal (CCT).
In a letter dated January 20, 2025, and signed by Senator George Akume, the Secretary to the Government of the Federation (SGF), the appointment was officially communicated, with its effective date controversially backdated to November 27, 2024.
The move comes months after former presidential spokesperson Ajuri Ngelale announced in July 2024 that Umar-Kogo would assume the role, even though the tenure of the substantive Chairman, Justice Danladi Umar, had not yet expired. This has been widely condemned as unconstitutional and illegal.
Legal experts and Senior Advocates of Nigeria, including Professor Mamman Lawan Yusufari, Dr. Wahab Shittu, and Professor Yemi Akinseye George, have criticized the government’s actions, citing Paragraph 15 of the Fifth Schedule to the Constitution, which mandates the pivotal roles of the NJC and FJSC in judicial appointments.
According to the Constitution, the FJSC nominates candidates for these positions, and the NJC evaluates and recommends suitable candidates to the President.
The legal practitioners warned that bypassing this process undermines judicial independence and sets a dangerous precedent.
Adding to the controversy, the appointment coincides with ongoing litigation over attempts by the National Assembly to prematurely remove Justice Danladi Umar.
Critics have expressed fears of dictatorship, urging the Attorney-General of the Federation, Lateef Fagbemi, SAN, to rectify the irregularity.
Justice Umar is known for presiding over high-profile cases, including the 2012 trial of Tinubu on allegations of false declaration of assets.