New CJN Sworn In, As Eight Supreme Court Justices Stay Away

NEW CJN, JUSTICE ALOYSIUS KATSINA-ALU

NIGERIAN BAR ASSOCIATION BOYCOTT CEREMONY

Abuja (THEWILL) - In fulfillment of a widely discredited decision that was hatched last week the out-going Chief Justice of Nigeria, Justice Idris Legbo Kutigi on Wednesday swore in his successor, Justice Aloysius Katsina-Alu and the new President of the Court of Appeal, Justice Isa Ayo Salami inside the Supreme Court Building in Abuja.

It was the first time in the nation’s history that a Chief Justice had been sworn-in by his predecessor. The president had always performed the ceremony, but his ailment had made it impossible for him to do so.

Justice Kutigi attained the mandatory retirement age of 70 and was due to retire on December 31, 2009.

On Tuesday, the Nigerian Judicial Council announced that the Justices would be sworn in on Wednesday after its earlier announcement on Monday that the ceremony would hold on Thursday. It gave no reason for moving the inauguration.

“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 statement said.

Justice Kutigi in his speech at the ceremony tried to defend his action saying, “It is the first time it is happening and it is nobody’s fault because the law is always there.”

The retiring Judge said the Oath Act of 2004 permits the CJN to perform the ceremony.

“The law is clear. The constitution also made it clear that the person with the responsibility of swearing-in a new CJN beside the President is the CJN, which is what we are doing today” he explained.

Kutigi also said that he ceases to be the CJN on Thursday but would still be in charge till then.

“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. There is only one CJN, I am still in charge until tomorrow,” he added.

The Supreme Court Justices in attendance include, Justices Ibrahim Tanko Mohammed, Dahiru Musdapher, James Ogenyi Ogebe, Mahmoud Mohammed, John Fabiyi, and Muhammad Muntaka-Coomasie.

Interestingly, eight Supreme Court Justices did not attend the Ceremony. The Justices that stayed away include, Justices Niki Tobi, Walter Onneghen, George Oguntade, Francis Tabai, Chukwumah Eneh, Francis Ogbuagwu, Maryam Mukhtar and Olufunmilola Adekeye. No explanations were given for their absence.

Also in attendance were Governors Rotimi Amaechi (Rivers State), Gabriel Suswan (Benue State), Bukola Saraki (Kwara State), Timipriye Sylva (Bayelsa State) and Sullivan Chime (Enugu State). The Attorney General, Mr. Michael Aondoakaa, Head of Service, Mr. Steve Oronsanye and Labour Minister, Mr. Adetokunbo Kayode were also present.

The Nigerian Bar Association stayed away from the ceremony, which it called “an illegality.” The Bar President, Chief Rotimi Akeredolu had frowned at arrangement maintaining that it was unconstitutional.

Section 231 (1) 0f the 1999 Constitution states that, “The appointment of a person to the office of the CJN shall be made by the President on the recommendation of the Nigerian Judicial Council subject to the confirmation of such appointment by the Senate.”

President Umaru Yar’Adua appointed Justice Aloysius Katsina-Alu before he was evacuated to Saudi Arabia on December 23, 2009.

A female lawyer whose identity we are yet to verify was reported to have sold the idea to have the CJN inaugurate his successor to the Attorney General.