Amidst controversy and for the first time in the history of the country, the outgoing Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi, yesterday swore in Justice Aloysius Katsina-Alu as his successor, saying there are no two CJN.
He also inaugurated Justice Isa Ayo Salami as the President of the Court of Appeal.
Traditionally, the president swears in the chief justice. But President Umaru Musa Yar'Adua has been in Saudi Arabia for more than a month receiving treatment for a heart condition.
His failure to write a letter to the National Assembly that would enable the vice-president take over in acting capacity has resulted in the present situation.
Kutigi said he was still in charge as of yesterday and that the law empowered him to swear in an incoming CJN.
“There is nothing new, the law is there. I will be attaining the age of 70 years Insha-Allah by the midnight. The law empowers me to bow out at the age of 70, so make no mistake, I’m still in charge. I don’t want mischief makers to write that there are two Chief Justices, I’m still in charge," he said.
Kutigi justified the swearing in, which he said is backed by the letter and spirit of the Oaths Act.
"It is the Oaths Act, if you looked at the Oaths Act, you will see that the President and the Chief Justice can swear in the incoming CJN. The law is clear. If you looked at the constitution, the constitution also makes it clear,” he added.
Kutigi who publicly acknowledged the ceremony is novelty in Nigeria stated that “for the first time in the history of this country, a sitting Chief Justice has sworn in the incoming; this is the first time."
He continued: "It is happening not because of the fault of anybody because the law has always been there that Mr. President or the Chief Justice can swear in the incoming. Now the occasion has arisen and we are to perform the function. This has generated a lot of issue even from those who are to know."
The outgoing CJN who expressed surprise at the large crowd that gathered to witness the event thanked Nigerians for their support.
He congratulated the newly sworn-in officials who have been cleared for the job by the Senate about two weeks ago.
At the event were Governors Gabriel Suswam (Benue), Bukola Saraki (Kwara), Rotimi Amaechi (Rivers), Sullivan Chime (Enugu) and Timipre Sylva (Bayelsa).
There were also Justices of the Supreme Court namely Dahiru Musdapher, John Fabiyi, James Ogebe, Mun-taka Coomasie, Mahmed Mohammad and Tanko Muha-mmad.
Others are the heads of courts of various jurisdictions, ministers and members of the inner bar.
There have been several reactions from lawyers and other Nigerians to the swearing in.
While some term Kutigi's action as a dangerous and "illegal" act, others side with the argument raised by Attorney-General and Min-ister of Justice Michael Aoondoakaa (SAN).
Aoondoakaa had argued that the power to swear in the new CJN or any other senior judicial officer in the country not only reside with the president but also with the CJN.
The Oaths Act in his view provides for that.
The National Judicial Council (NJC), which had initially fixed the swearing in for Thursday (today) later brought it forward to yesterday.
The council in a statement issued in Abuja had said: “The swearing-in of Justice Aloysius Katsina-Alu as the Chief Justice of Nigeria and Justice Isa Ayo Salami as the President of the Court of Appeal has been shifted from Thursday, 31st December, 2009 to Wednesday, 30th December, 2009, at the Supreme Court of Nigeria.
“The change in the date is informed by reasons beyond the control of the Chief Justice of Nigeria and Chairman of the National Judicial Council.”
The Secretary of the NJC, Danladi Halilu, had Monday said the new CJN and President of the Court of Appeal would be sworn in today.
Also, the Attorney-General of the Federation and Minister of Justice had at the weekend said Kutigi would swear in the two justices as the constitution empowers him to do so.
Human rights lawyer, Mr. Bamidele Aturu, said Kutigi’s swearing-in of Katsina-Alu was an illegal proposal that is fraught with dangers.
He noted that commonsense shows that the CJN could only swear in all the other judicial officers listed in section 2 except the CJN because doing that would mean having two CJNs in office at the same time.
Aturu argued that for an outgoing CJN to swear in a person to occupy the office of the CJN, his term of office must not have expired, adding that the moment he swears in another before the expiration of his term, there would be in existence at the same time two CJNs.
Chief Felix Fagbohungbe (SAN) said the whole controversy surrounding the swearing-in of Justice Katsina-Alu was a calculated attempt to avoid and undermine Vice-President Goodluck Jonathan.
Wondering why those in government do not want the proper thing to be done, Fagbohungbe said he would be surprised if Justice Katsina-Alu would allow himself to be used to perpetrate illegality.
But former President of the NBA, Chief O.C. J. Okocha (SAN), said there was nothing wrong with the outgoing CJN swearing-in the new one.
Mr. Tayo Oyetibo (SAN) said it was legal for Kutigi to swear in the new CJN, saying that if Kutigi could do that before his tenure expires, there was nothing illegal in the act.
Thursday, December 31, 2009
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