According to TheCable, the suspended CJN turned in his resignation letter
to President Muhammadu Buhari on Thursday evening, a day after the
National Judicial Council (NJC) recommended that he be compulsorily
retired for misconduct.
By virtue of section 306 of the 1999 constitution, his resignation takes
immediate effect as Section 306 says “(1) Save as otherwise provided in
this section, any person who is appointed, elected or otherwise selected
to any office established by this Constitution may resign from that office
by writing under his hand addressed to the authority or person by whom he
was appointed, elected or selected. (2) The resignation of any person from
any office established by this Constitution shall take effect when the
writing signifying the resignation is received by the authority or person
to whom it is addressed or by any person authorised by that authority or
person to receive it.”
The resignation will save Buhari from having to get two-thirds majority of
the senate to confirm Onnoghen’s retirement as stipulated in Section 292
(1) of the 1999 constitution which says a “judicial officer shall not be
removed from his office or appointment before his age of retirement except
in the following circumstances – (a) in the case of – (i) Chief Justice of
Nigeria… by the President acting on an address supported by two-thirds
majority of the Senate.”
With the resignation, Onnoghen’s retirement benefits in cash and kind will
cost tax payers about N2.5 billion.
However, if he is dismissed, he will not be entitled to any benefits and
could be banned from holding public office for 10 years, while his assets
believed to have been acquired illegitimately will be confiscated.