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He has good credential, knowledge and comportment to serve as CJN.
If the process that threw him up was very thorough and credible, the President has no choice than to send the name that has been recommended to him by the NJC to the Senate for ratification.
But the constitution says that after three months, he cannot re-appoint that same person.
“So, my thinking with regards to what is going on now is that pending the time the President will send the name of Justice Onnoghen to the Senate for confirmation, he can be in an acting capacity.
In a statement recently, he said Onnoghen’s appointment as acting CJN was either a grand plot to deprive him of his well-deserved appointment as CJN because he is from the South-south region or that the cabals in Aso Rock want to hold him on the jugular and use his confirmation to get him to assist them to pervert justice.
He noted: “In this particular instance, the President must appoint from among the Justices of the Supreme Court the most senior of them, and Onnoghen is the only one that can be so recommended and so appointed.So, even if the appointment has to be made in acting capacity for 14 times, it has to be the same Onnoghen.It is therefore not necessary for any consideration of political expediency to think of anything outside confirming the man within the three months.” Nnaji said that the decision of the President to appoint Onnoghen in acting capacity even though he had enough room to do so as being claimed in some quarters has given room to conspiracy theories which are not good for the polity.I have no reason to doubt that the President will eventually send his name to the Senate for confirmation. And of course the constitution says that after the three months, that same person cannot be re-appointed.So, there is no room for renewal; it’s either you confirm him or you take him out and then bring in the person you want.
I think that in all ramifications, he qualifies to be CJN.” Also speaking on the issue, Chima Emmanuel Nnaji, a lawyer, noted that while the action of the President was constitutional given the provisions of Section 231 (4, 5) of the constitution, it was not politically correct, stressing that in the circumstance we find ourselves now as a country, there was no need to appoint Onnoghen in acting capacity when ordinarily he should have been confirmed so he can face his job squarely.