Aloysius Iyorgyer Katsina-Alu was yesterday sworn in as chief justice of Nigeria (CJN) by Idris Legbo Kutigi who until midnight was the substantive CJN in an exercise that has thrown up constitutional questions on the legality. The Nigerian Bar Association (NBA), Femi Falana and some prominent lawyers had disputed the stance by the National Judicial Council (NJC) and Michael Aondoakaa, attorney general and minister of justice, who had insisted that Katsina-Alu can be sworn in by Kutigi in the absence of the ailing President Umaru Yar’Adua. “It is the first time it is happening and its is nobody’s fault because the law is always there,” Kutigi said of his swearing his successor. “The Law is clear. The constitution also made it clear that the person with the responsibility of swearing-in new CJN beside the President is the CJN which is what we are doing today. I will be completing my 70 years by midnight and I am bowing out tomorrow (today) as contained in the law.” In apparent acknowledgment of the argument of the NBA and other lawyers on the questionable legality of the exercise, Kutigi maintained that he is still in charge as the CJN until today when he will bow out of service, explaining that: “I am saying this because I don’t want mischief makers to go to the pages of newspapers to say that there are two CJNs in the country. I am still in charge until tomorrow.” Rotimi Akeredolu, NBA president, insisted that it is illegal for anyone other than the President to swear in the new CJN. “It is not possible in law for the outgoing CJN to inaugurate the incoming CJN, as the country cannot have two CJN’s at the same time. This is because the law is very clear. Going by the Oath Act, Second Schedule, the law provides that judicial oath is sacrosanct and it has to be administered by the President on the CJN while the CJN will administer it on other judicial officers. “It is not legal,” said Femi Falana, a leading human rights lawyer who has launched legal action to try to force Yar’Adua to hand executive powers to Jonathan while he is away. Falana said Yar’Adua had sent the name of the new chief justice to the Senate for confirmation before leaving for Saudi Arabia but that he should then have written a formal letter of appointment once that confirmation was given. Aondoakaa had said Yar’Adua can exercise presidential powers from anywhere and that he is being consulted on issues requiring his approval. The president was said to have signed the 2009 supplementary budget from his sick bed in Saudi Arabia. Katsina-Alu who was sworn in as the 11th indigenous CJN hails from Ushongo Local Government Area of Benue State. At the same ceremony, Isa Ayo Salami was also sworn in yesterday by the CJN, Justice Kutigi as the fifth president of the Court of Appeal. He has being in the appellant court since 1992. Salami succeeded Umar Farouk Abdullahi the former president who retired on November 30. Those in attendance at the ceremony included the governors of Benue, Kwara, Enugu and Rivers states, the head of service of the federation, former governor of Benue State, George Akume, minister of labour and productivity, Adetokunbo Kayode and the speaker, Benue State House of Adsembly, Terseer Tsumba, among others.
Dec312009