Agbakoba said in a statement on Monday in Lagos that he urged the National Judicial Council to determine the propriety of Justice Mohammed accepting to be sworn-in by the President in place of the suspended CJN, Justice Walter Onnoghen.
He noted that by submitting himself to the President to be sworn-in as acting CJN, Justice Mohammed lent himself to a constitutional infraction by the executive arm of the government.
He recalled that Justice Mohammed was part of an NJC panel that sanctioned Justice Obisike Orji of Abia State in south-eastern Nigeria for allowing himself to be sworn-in as Abia State Chief Judge by the state’s governor without the recommendation of the NJC.
“It is a matter of regret that Justice Tanko Muhammad, who participated in this process, will lend himself to this constitutional infraction.
“We pray the NJC to determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Muhammad as Justice of the Supreme Court on grounds of gross misconduct, which has generated perhaps the most controversial crisis in Nigeria’s judicial history,” he said.
Agbakoba stated that President Buhari violated the law by suspending Justice Onnoghen, and cited Section 153 of the Nigerian Constitution, which he noted, is clear on how a CJN can be removed.
“Hon. Justice Tanko Muhammad is fully aware of the state of law, yet presented himself to be sworn in by the President,” he added.