The president has powers to appoint, remove Justices – Obono-Obla reacts to NJC’s claim of being independent

Chief Obono-Oba

As reactions keep trailing the last Saturday’s arrests of some judges in the country over alleged corruption and manipulation of justice, the Senior Special Assistant to President Muhammadu Buhari, on Prosecution and Legal Matters, Chief Obono-Oba has said that the National Judicial Council, NJC, should not give the impression that the Judiciary is absolutely independent and not accountable to other arms of government.

Obono-Obla was reacting to the claim by the NJC that the judiciary is independent of the executive arm.

The NJC, in its first meeting after the arrest of the judges, said a raid on their houses was an abuse of power on the part of the security operatives, adding that the council has constitutional power to discipline its members.


Obono-Obla agreed that the three arms of government have their various roles but noted that each one checks the other.

He pointed out that even though the Supreme Court, Federal High Court and Appeal Court Judges are recommended by the NJC, they are appointed by the president.

He said in a Statement, “However, these functions and responsibilities do overlap and sometimes are duplicated!


“In theory each branch of government is supposed to be independent, however in practice each branch act as a check and balance on one.


“This is why ministers and other appointees of the executive branch of government must be confirmed by the Senate after appointment by the president!

“Even though, the legislature is conferred with power to make law, sometimes the President do make law though executive orders!” He said.

He said the president is vested with the power to remove Judges on recommendation by the National Judicial Council.

“So the National Judicial Council should not give the impression that the judiciary is absolutely independent and not accountable to any other branch whatsoever.

“There is strict compartmentalization of powers in practice among the three branches of government in practice!

“If the judiciary is totally independent, why did the NJC recommend and forward the name of Justice Onnoghen for appointment as the next chief justice of Nigeria by President Muhammadu Buhari?

“Even after he is appointed by President Muhammadu Buhari, the Senate has to confirm Justice Onnoghen, so whence is the independence, the NJC is pontificating about?”