{"id":19876,"date":"2024-08-30T12:20:28","date_gmt":"2024-08-30T11:20:28","guid":{"rendered":"http:\/\/dubawa.org\/dir\/?p=19876"},"modified":"2024-08-30T12:20:31","modified_gmt":"2024-08-30T11:20:31","slug":"is-the-new-acting-cjns-appointment-unconstitutional-as-claimed-by-x-user","status":"publish","type":"post","link":"https:\/\/dubawa.org\/dir\/is-the-new-acting-cjns-appointment-unconstitutional-as-claimed-by-x-user\/","title":{"rendered":"Is the new Acting CJN\u2019s appointment unconstitutional, as claimed by X user?"},"content":{"rendered":"\n

Claim: An X user claims<\/a> appointing the new Acting Chief Justice of Nigeria (CJN) is illegal and unconstitutional.<\/strong><\/p>\n\n\n

\n
\"\"<\/figure>\n<\/div>\n\n\n

Verdict: False. The constitution and legal experts adjudged the new Acting CJN\u2019s appointment as a judicial norm and nothing short of the constitution\u2019s provision.<\/strong> Credible news outlets have also reported that the appointment is based on the constitution’s provisions.\u00a0<\/p>\n\n\n\n

Full Text<\/strong><\/h2>\n\n\n\n

Following the retirement of the former Chief Justice of Nigeria (CJN), Olukayode Ariwoola, and the subsequent appointment of his successor<\/a>, Kudirat Kekere-Ekun, an X user and financial expert, Kalu Aja (@FinPlanKaluAja1<\/a>), claimed<\/a> that Mrs Kekere-Ekun\u2019s recent appointment as CJN is both illegal and unconstitutional. <\/p>\n\n\n\n

\u201cAccording to the Nigerian constitution, which the President and the CJN swore to, this is illegal and unconstitutional,\u201d he wrote<\/p>\n\n\n\n

Mr Aja boasted about the federal character mentioned in the constitution in section 14(3).<\/p>\n\n\n\n

\u201cThe composition of the (g)overnment of the federation or any of its agencies, and the conduct of its affairs, shall be carried out in such a manner as to reflect the federal character of Nigeria\u2026\u201d he also wrote.<\/p>\n\n\n\n

Along with the post, he included a picture of the president of the nation, Bola Tinubu, and the newly appointed CJN, Ms Kekere-Ekun, shaking hands.<\/p>\n\n\n\n

The post, made on Saturday, Aug. 24, 2024, has generated over 453 comments, 2,200 reposts, and 6,300 likes and has been viewed over 1 million times as of Sunday, Aug. 25, 2024.<\/p>\n\n\n\n

In reaction to the assertion, X users queried the rationality of the statement in relation to the provisions of the Constitution. <\/p>\n\n\n\n

\u2018The constitution is clear, \u201cthe president shall appoint the most senior Justice of the Supreme Court to perform those functions\u2026\u201d\u2019 @jagabanolu<\/a> responded.<\/p>\n\n\n\n

\u201cThe law of succession states the next most senior based on ascension to the Supreme Court becomes the CJN.\u201d @dolapo101<\/a> likewise countered. <\/p>\n\n\n\n

Seeing the unending controversy the claim had generated, DUBAWA decided to verify and look into the criteria for appointing a CJN in Nigeria.<\/p>\n\n\n\n

Verification<\/strong><\/h2>\n\n\n\n

We checked the 1999 Nigerian constitution<\/a> for its provisions on the appointment of the CJN. Chapter seven (7), section 231(1), states that the appointment of a person to the office of Chief Justice of Nigeria shall be made by the president, based on the National Judicial Council (NJC)\u2019s recommendation and subject to the Senate\u2019s confirmation.<\/p>\n\n\n\n

Furthermore, section 231 (4) states that if the office of the Chief Justice of Nigeria is vacant, or if the person occupying the office is unable to perform the functions required of the office, the president of the federation shall appoint the most the senior Justice of the Supreme Court to perform those functions until a person has been officially appointed to undertake such functions. <\/p>\n\n\n\n

DUBAWA discovered that the NJC had recommended<\/a> Mrs Kekere-Ekun to the president for consideration before she became the Acting CJN.<\/p>\n\n\n\n

Voice of Nigeria (VON)<\/a> reports that Ms Kekere-Ekun would remain the Acting CJN until the Senate\u2019s confirmation, which would fully establish her role as CJN. This further reflects the manifestation of the constitution\u2019s provisions in the appointment. Channels<\/a> also reports a similar development.  <\/p>\n\n\n\n

The federal character principle<\/a> that the claimant referenced ensures that public appointments to public service institutions reflect the country’s language, ethnic, religious, and geographic diversity. Section 14 (3)<\/a>, which concerns the principle, broadly addresses the composition of the federation’s government and its agencies, emphasising that the operation of its work should be guided by national unity without prejudice.<\/p>\n\n\n\n

However, no detail of the provision specifically addresses the appointment of the CJN.<\/p>\n\n\n\n

What legal experts have to say<\/strong><\/h2>\n\n\n\n

DUBAWA spoke to Amina Miango, the Media in National Elections (MiNE) project manager at the Centre for Journalism and Innovation (CJID), and a lawyer about the claim.<\/p>\n\n\n\n

Ms Miango stated that the \u201clegal profession is based on seniority.\u201d She explained that Justices of the Supreme Court were not appointed simultaneously, so they are not all eligible for an elevated position simultaneously. So, when a vacant seat, such as the office of the Chief Justice, is to be occupied, the most senior person is picked for the role. <\/p>\n\n\n\n

The law expert pointed out that the claimant\u2019s reference to the federal character principle only applies to the executive arm of government or employment cases. She stated that the judiciary operates distinctively, where the government engages persons in that arm by appointment.<\/p>\n\n\n\n

She mentioned that although no law automatically supports appointing a judicial officer by seniority, such has been the modus operandi\u2014the practice.  <\/p>\n\n\n\n

DUBAWA contacted another lawyer, Christiana Longe, the Media Freedom Project Manager at CJID, about the claim. In her response, she stated that there is a hierarchy in the judicial system, which significantly influences appointments such as the CJN\u2019s office.<\/p>\n\n\n\n

\u201cThere is a hierarchy to this thing. The Justices of the Supreme Court already know who would become the next Chief Judge,\u201d Ms Longe stated.<\/p>\n\n\n\n

She further explained that the judicial system has a \u201cfirst court\u201d and a \u201csecond court\u201d in that order. She stated that before the former CJN\u2019s retirement, he had been the first court, while his successor, Justice Kekere-Ekun, had been the second. Consequently, every person realises when it is his turn to be appointed. <\/p>\n\n\n\n

\u201c…The former Chief Judge was the first court before his retirement, and the newly appointed Chief was the second court. Everybody knows when it is his turn.\u201d<\/p>\n\n\n\n

The lawyer pointed out that while the highlighted status quo above is the core criterium for the CJN appointment, the president\u2019s appointment and the Senate\u2019s nomination were formalities. <\/p>\n\n\n\n

Conclusion<\/strong><\/h2>\n\n\n\n

The constitution and legal experts have adjudged the new Acting CJN\u2019s appointment as a judicial norm and complies with the constitution.<\/p>\n","protected":false},"excerpt":{"rendered":"

Claim: An X user claims appointing the new Acting Chief Justice of Nigeria (CJN) is illegal and unconstitutional. Verdict: False. The constitution and legal experts adjudged the new Acting CJN\u2019s appointment as a judicial norm and nothing short of the constitution\u2019s provision. Credible news outlets have also reported that the appointment is based on the constitution’s provisions.\u00a0 Full Text Following the retirement of the former Chief Justice of Nigeria (CJN), Olukayode Ariwoola, and the subsequent appointment of his successor, Kudirat Kekere-Ekun, an X user and financial expert, Kalu Aja (@FinPlanKaluAja1), claimed that Mrs Kekere-Ekun\u2019s recent appointment as CJN is both illegal and unconstitutional.  \u201cAccording to the Nigerian constitution, which the President and the CJN swore to, this is illegal and unconstitutional,\u201d he wrote Mr Aja boasted about the federal character mentioned in the constitution in section 14(3). \u201cThe composition of the (g)overnment of the federation or any of its agencies, and the conduct of its affairs, shall be carried out in such a manner as to reflect the federal character of Nigeria\u2026\u201d he also wrote. Along with the post, he included a picture of the president of the nation, Bola Tinubu, and the newly appointed CJN, Ms Kekere-Ekun, shaking hands. The post, made on Saturday, Aug. 24, 2024, has generated over 453 comments, 2,200 reposts, and 6,300 likes and has been viewed over 1 million times as of Sunday, Aug. 25, 2024. In reaction to the assertion, X users queried the rationality of the statement in relation to the provisions of the Constitution.  \u2018The constitution is clear, \u201cthe president shall appoint the most senior Justice of the Supreme Court to perform those functions\u2026\u201d\u2019 @jagabanolu responded. \u201cThe law of succession states the next most senior based on ascension to the Supreme Court becomes the CJN.\u201d @dolapo101 likewise countered.  Seeing the unending controversy the claim had generated, DUBAWA decided to verify and look into the criteria for appointing a CJN in Nigeria. Verification We checked the 1999 Nigerian constitution for its provisions on the appointment of the CJN. Chapter seven (7), section 231(1), states that the appointment of a person to the office of Chief Justice of Nigeria shall be made by the president, based on the National Judicial Council (NJC)\u2019s recommendation and subject to the Senate\u2019s confirmation. Furthermore, section 231 (4) states that if the office of the Chief Justice of Nigeria is vacant, or if the person occupying the office is unable to perform the functions required of the office, the president of the federation shall appoint the most the senior Justice of the Supreme Court to perform those functions until a person has been officially appointed to undertake such functions.  DUBAWA discovered that the NJC had recommended Mrs Kekere-Ekun to the president for consideration before she became the Acting CJN. Voice of Nigeria (VON) reports that Ms Kekere-Ekun would remain the Acting CJN until the Senate\u2019s confirmation, which would fully establish her role as CJN. This further reflects the manifestation of the constitution\u2019s provisions in the appointment. Channels also reports a similar development.   The federal character principle that the claimant referenced ensures that public appointments to public service institutions reflect the country’s language, ethnic, religious, and geographic diversity. Section 14 (3), which concerns the principle, broadly addresses the composition of the federation’s government and its agencies, emphasising that the operation of its work should be guided by national unity without prejudice. However, no detail of the provision specifically addresses the appointment of the CJN. What legal experts have to say DUBAWA spoke to Amina Miango, the Media in National Elections (MiNE) project manager at the Centre for Journalism and Innovation (CJID), and a lawyer about the claim. Ms Miango stated that the \u201clegal profession is based on seniority.\u201d She explained that Justices of the Supreme Court were not appointed simultaneously, so they are not all eligible for an elevated position simultaneously. So, when a vacant seat, such as the office of the Chief Justice, is to be occupied, the most senior person is picked for the role.  The law expert pointed out that the claimant\u2019s reference to the federal character principle only applies to the executive arm of government or employment cases. She stated that the judiciary operates distinctively, where the government engages persons in that arm by appointment. She mentioned that although no law automatically supports appointing a judicial officer by seniority, such has been the modus operandi\u2014the practice.   DUBAWA contacted another lawyer, Christiana Longe, the Media Freedom Project Manager at CJID, about the claim. In her response, she stated that there is a hierarchy in the judicial system, which significantly influences appointments such as the CJN\u2019s office. \u201cThere is a hierarchy to this thing. The Justices of the Supreme Court already know who would become the next Chief Judge,\u201d Ms Longe stated. She further explained that the judicial system has a \u201cfirst court\u201d and a \u201csecond court\u201d in that order. She stated that before the former CJN\u2019s retirement, he had been the first court, while his successor, Justice Kekere-Ekun, had been the second. Consequently, every person realises when it is his turn to be appointed.  \u201c…The former Chief Judge was the first court before his retirement, and the newly appointed Chief was the second court. Everybody knows when it is his turn.\u201d The lawyer pointed out that while the highlighted status quo above is the core criterium for the CJN appointment, the president\u2019s appointment and the Senate\u2019s nomination were formalities.  Conclusion The constitution and legal experts have adjudged the new Acting CJN\u2019s appointment as a judicial norm and complies with the constitution.<\/p>\n","protected":false},"author":1,"featured_media":19877,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"hannibal_claim_source":"","hannibal_source_label":"","hannibal_card_color":"blue","_jetpack_memberships_contains_paid_content":false,"footnotes":"","_wpscppro_dont_share_socialmedia":false,"_wpscppro_custom_social_share_image":0,"_facebook_share_type":"default","_twitter_share_type":"default","_linkedin_share_type":"default","_pinterest_share_type":"default","_linkedin_share_type_page":"default","_instagram_share_type":"default","_medium_share_type":"","_threads_share_type":"","_google_business_share_type":"","_bluesky_share_type":"","_mastodon_share_type":"","_selected_social_profile":[],"_wpsp_enable_custom_social_template":false,"_wpsp_social_scheduling":{"enabled":false,"datetime":null,"platforms":[],"status":"template_only","dateOption":"today","timeOption":"now","customDays":"","customHours":"","customDate":"","customTime":"","schedulingType":"absolute"},"_wpsp_active_default_template":true},"categories":[1571,3812,3815,16],"tags":[],"verdict":[],"ppma_author":[3699],"class_list":["post-19876","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-fact-check","category-headline","category-homepage","category-politics"],"jetpack_shortlink":"https:\/\/wp.me\/p8R6dE-5aA","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"authors":[{"term_id":3699,"user_id":0,"is_guest":1,"slug":"cole-praise","display_name":"Cole Praise","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/7934b84f51e2c1f4c1e77cce93c223ac97cc2da29198aa9141fd944b0407bb2d?s=96&r=g","author_category":"","user_url":"","last_name":"","first_name":"","job_title":"","description":""}],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/dubawa.org\/dir\/wp-content\/uploads\/2024\/08\/CJN.png?fit=852%2C584&ssl=1","_links":{"self":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/19876","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/comments?post=19876"}],"version-history":[{"count":1,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/19876\/revisions"}],"predecessor-version":[{"id":19878,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/posts\/19876\/revisions\/19878"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media\/19877"}],"wp:attachment":[{"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/media?parent=19876"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/categories?post=19876"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/tags?post=19876"},{"taxonomy":"verdict","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/verdict?post=19876"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/dubawa.org\/dir\/wp-json\/wp\/v2\/ppma_author?post=19876"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}