The Senate affirmed yesterday that it possesses both the legislative and constitutional authority to screen and confirm the acting Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, despite her recent swearing-in by President Bola Tinubu in an acting capacity.<\/p>\n
This clarification was made by the Chairman of the Senate Committee on Judiciary, Human Rights, and Legal Matters, Senator Adeniyi Adegbonmire, in response to an inquiry from THISDAY in Abuja. Adegbonmire, a Senior Advocate of Nigeria (SAN) representing Ondo Central Senatorial District, was asked to address the remarks made by former Cross River State Governor, Mr. Donald Duke, on the matter.<\/p>\n
Duke had earlier argued in an interview on News Central Television that President Tinubu had erred legally by swearing in Kekere-Ekun as acting CJN, given that she would still be required to appear before the Senate for screening and possible confirmation. According to Duke, Kekere-Ekun should not have been administered the oath of office since she would be required to be sworn in again after Senate confirmation, potentially leading to a constitutional conundrum.<\/p>\n
However, Adegbonmire firmly rebutted Duke\u2019s position, asserting that the former governor\u2019s interpretation of the law was incorrect. “Donald Duke is completely wrong on this matter,” Adegbonmire stated. “An acting Chief Justice of Nigeria can only hold office for a maximum of three months. A substantive CJN, on the other hand, assumes office beyond that period, until retirement or removal in accordance with constitutional provisions.”<\/p>\n
Adegbonmire emphasized that the procedure followed by President Tinubu in swearing in Kekere-Ekun as acting CJN was both legal and necessary, given the interim nature of her appointment. “The Senate has the constitutional duty to screen and confirm the appointment of a substantive Chief Justice. This process ensures checks and balances within our system of governance,” he noted.<\/p>\n
Adegbonmire further explained that the role of the Senate in the confirmation of the Chief Justice is a critical component of the separation of powers, ensuring that no single branch of government holds unchecked authority. “The acting capacity of a Chief Justice is a temporary measure, often necessary to prevent a vacuum in the judiciary while the Senate carries out its due diligence,” he elaborated.<\/p>\n
The Senator also addressed concerns raised by Duke regarding the potential for confusion if Kekere-Ekun were to be sworn in a second time after Senate confirmation. “There is no confusion in this process. The initial swearing-in as acting CJN is a formality to ensure continuity in the leadership of the judiciary. Should the Senate confirm her appointment, the subsequent swearing-in as substantive CJN would be a distinct and constitutionally mandated procedure,” Adegbonmire clarified.<\/p>\n
In a sharp rebuke of Duke’s comments, Adegbonmire criticized what he described as a lack of understanding of the constitutional provisions surrounding the appointment and confirmation of the Chief Justice. “People often make statements without fully understanding the legal frameworks involved. The process of appointing a Chief Justice is clear, and it is important that public figures, especially those with Duke\u2019s stature, are well-informed before making public pronouncements,” Adegbonmire stated.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Senate affirmed yesterday that it possesses both the legislative and constitutional authority to screen and confirm the acting Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, despite her recent swearing-in by President Bola Tinubu in an acting capacity. This clarification was made by the Chairman of the Senate Committee on Judiciary, Human Rights, and […]<\/p>\n","protected":false},"author":2,"featured_media":45644,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[172],"tags":[],"class_list":["post-46236","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"aioseo_notices":[],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/posts\/46236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/comments?post=46236"}],"version-history":[{"count":1,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/posts\/46236\/revisions"}],"predecessor-version":[{"id":46237,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/posts\/46236\/revisions\/46237"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/media\/45644"}],"wp:attachment":[{"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/media?parent=46236"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/categories?post=46236"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/abujacityjournal.com\/livenews\/wp-json\/wp\/v2\/tags?post=46236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}