President Bola Ahmed Tinubu has reportedly appointed Dr. Mainasara Umar Kogo as the new Chairman of the Code of Conduct Tribunal (CCT).
However, the appointment has sparked controversy as it was made without adherence to constitutional procedures involving the National Judicial Council (NJC) and the Federal Judicial Service Commission (FJSC).
According to a letter dated January 20, 2025, signed by the Secretary to the Government of the Federation (SGF), Senator George Akume, the appointment was backdated to November 27, 2024.
This retroactive decision has raised questions about the transparency of the process and the government’s commitment to constitutional provisions.
The Nigerian Constitution stipulates that the FJSC is tasked with nominating candidates for judicial appointments, while the NJC evaluates and recommends suitable individuals to the President for final approval. Reports suggest that neither body was consulted before Dr. Kogo’s appointment.
Dr. Kogo’s appointment comes seven months after it was initially announced in July 2024 by former presidential spokesperson Ajuri Ngelale. At the time, it was revealed that Kogo was being considered to replace Justice Danladi Umar, the substantive Chairman, even though Umar’s tenure had not yet expired.
The National Assembly had previously initiated a contentious process to remove Justice Umar, citing age-related retirement concerns. This move escalated into a legal dispute, with the matter brought before Justice J.K. Omotosho of the Federal High Court, Abuja. In the case, President Tinubu, Attorney-General of the Federation Lateef Fagbemi, and Senate President Godswill Akpabio were named as defendants.
The appointment has reignited debates about the respect for constitutional order and the rule of law by government officials. Critics argue that bypassing the FJSC and NJC undermines the independence of the judiciary and sets a dangerous precedent.
When contacted, Supreme Court spokesperson Festus Akande stated that he was unaware of any recent meetings involving the NJC or FJSC concerning the appointment. Akande, who is currently on annual leave, refrained from further comments on the matter.
Observers have expressed concerns that the irregularities surrounding Kogo’s appointment could erode public confidence in the judicial system. Legal analysts stress the importance of adhering to due process, particularly for sensitive positions such as the Chairmanship of the CCT, which plays a critical role in upholding accountability in public office.
The controversy underscores the need for greater transparency and adherence to constitutional protocols in the appointment of key public officials. Whether the courts or the legislature will take further action regarding this appointment remains to be seen.