In the spirit of Democracy day celebration in Nigeria, I use this medium to congratulate the 7th democratically elected president of Nigeria, President Muhammodu Buhari and the Vice President who happens to be a senior colleague , Professor Yemi Oshibajo. May the Lord guide them to the right path. God bless Nigeria.
Also, to newly sworn in Governors, and all members of the 8th National Assembly throughout the Federation. I wish you a successful tenure.
The inauguration in the River State of Nigeria went well despite the controversy and several questions asked in few weeks before yesterday's swearing-in on who will swear the incoming Administration in because there's no Chief Judge nor President of the Court of Appeal to swear him in as prescribed by the Nigerian 1999 Constitution. As earlier stated in my earlier post on the subject matter, the legal system does not operate in a vacuum.The governor elect was sworn in by the Bayelsa State Chief Judge, this brought to an end the controversy.
The governor shortly after being sworn in appointed an Acting Chief Judge for the state, he has the right to make appointments and perform all his executive duties prescribed under the constitution, just the way President Muhammodu Buhari directed that the Defense headquarter be moved to Borno State till the insurgency is fully defeated but the Governor goofed by appointing an Acting Chief Judge without following due process prescribed by the constitution.
Chapter VII of the 1999 Constitution,Section 271 (1) states that the appointment of a person to the office of the Chief Judge of a state shall be made by the Governor of the state on the recommendation of the National Judicial Council Subject to the confirmation of the appointment by the House of Assembly of the state.
(2) the appointment of a person to the office of a judge of a High court of a state shall be made by the Governor of the state Acting on recommendation of the National Judicial Council.
The above provision clearly state the steps to be taken, my question now is , did National Judicial Council Recommend the newly appointed Acting Judge to the Governor? Did the State House of Assembly confirmed this appointment within this short period.Obviously these were not done.
In the spirit of Change let Governor Nyesom Wike follow due process, it's a new Nigeria. Please note that the newly appointed Acting Chief Judge is qualified but such appointment must be properly done.
God bless Nigeria.
Thank you,
Oyenike Alliyu-Adebiyi LLB(hons) BL
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