*”…Why must we wait for a substantive Chief Judge/PCA to retire before we start the process of appointing a successor?…” KUNLE EDUN ESQ.
Some senior lawyers at the weekend had defended President Muhammadu Buhari’s decision to rextend the appointment of Hon. Justice Monica Dongban-Mensem as Acting President of the Court of Appeal.
They had faulted popular claims that the president violated constitutional provisions by renewing her acting appointment.
Law Parliament recalls that following the retirement of Justice Zainab Bulkachuwa, President Buhari had in March, appointed Hon. Justice Dongban-Mensem as acting president of the court pending the appointment of a substantive president.
By relevant constitutional provisions, her appointment should not exceed three months.
However, a week to the expiration of her acting capacity tenure, Buhari recently in May, renewed her appointment for another three months.
This extension awoke wide spread criticisms from some lawyers in Nigeria.
Meanwhile, Some Senior lawyers, who spoke to THISDAY on the issue, okayed the decision of President Buhari, on the grounds that the president had not gone outside the purview of the law by renewing her appointment for another three months as same was recommended by the NJC.
In his reaction to the position of the senior lawyers, National Publicity Secretary of the Nigerian Bar Association NBA, Mr Kunle Edun believes that there was sufficient time available to conclude all processes leading to the confirmation of my lord, as the substantive President of the Court of Appeal.
HIS OPINION IS CAPTURED BELOW:
“With the greatest respect to the distinguished silks, the President of the Federal Republic of Nigeria had enough time to conclude all processes that will lead to the confirmation of my lord, as the substantive President of the Court of Appeal.
“Why must we wait for a substantive Chief Judge/PCA to retire before we start the process of appointing a successor?
“Why can’t the valedictory session or ceremony for the outgoing CJ/PCA be done same time with the swearing in of the new CJ/PCA.
“The NJC usually have long notices of the retirement date of each CJ/PCA.
Why not start early to avoid a situation of appointing Acting CJ/PCA, which now seems to be the new norm? He queried.
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