President Bola Tinubu is expected to return to Nigeria to swear in Kudirat Kekere-Ekun as the chief justice of Nigeria on Friday.
It is understood that the president is flying into the
country on Thursday night.
The swearing in ceremony will take place at the council
chambers in the presidential villa, Abuja.
Tinubu travelled to France on Monday for what Ajuri Ngelale, his spokesperson, described as a “brief work stay”.
According to presidency sources, the president decided to
return early for the oath-taking ceremony of the acting CJN.
ARIWOOLA BOWS OUT
Olukayode Ariwoola on Thursday retired as the CJN after
attaining the age of 70. A valedictory ceremony was held in his honour at the
supreme court complex.
The National Judicial Council (NJC) had on August 15
recommended Kekere-Ekun to the president as Ariwoola’s sucessor.
The recommendation was made during the NJC’s 106th meeting
presided over by Ariwoola.
By constitutional provision, Kekere-Ekun is meant to assume
the office of CJN in acting capacity as the next most senior justice of the
supreme court.
However, her assumption of the office is not automatic.
APPOINTMENT IN ACTING
CAPACITY
According to Section 231(4) of the constitution, the
president is expected to appoint the next in line to perform the functions of
the CJN upon the office becoming vacant — until a substantive CJN is appointed.
On June 27, 2022, former President Muhammadu Buhari swore in
Ariwoola as the acting CJN following the resignation of Ibrahim Muhammad.
The senate confirmed Ariwoola in September of the same year
and Buhari swore him in as the substantive CJN in October.
Similarly, Buhari had sworn in Ibrahim Muhammad as the
acting CJN in January 2019 after the suspension of Walter Onnoghen.
TIMEFRAME FOR ACTING
CJN
Section 231(5) of the constitution provides that unless the
NJC recommends otherwise, the acting CJN can only operate in the position for
three months from the date of his/her appointment.
According to the section, an acting CJN shall not be
reappointed after the appointment has lapsed.
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