Nathaniel Zaccheauus
The President of the Senate, Ahmad Lawan has said the confirmation of the appointment of the acting Chief Justice of Nigeria, Justice Olukayode Ariwoola, would be screened for confirmation when the red chamber resumes plenary after its current annual recess.
The Senate, according to a statement by the Special Adviser on Media to the Senate President, Ola Awoniyi on Friday, is expected to resume from it’s two months annual summer recess next Tuesday.
Lawan, according to the statement, spoke while responding to questions from Senate correspondents after inspecting the renovation work at the temporary venue for the sitting of the Senate in the light of the ongoing remodeling of the main Senate chamber.
The Senate President said, “This is also going to be resumption period for us where the last session of the (ninth) Senate will be and that is, this will be our last and final year.
“We have the confirmation of the Chief Justice of Nigeria already waiting. Recall that the President sent the request but that was a day before the Senate went on its annual summer recess.
“Therefore, this is going to be one of the first things we need to do to ensure that the acting capacity does not go beyond the required three months.
Some senators had last month alleged that the Lawan leadership of the Senate was currently plotting to deny the acting Chief Justice of the Federation, Justice Olukayode Ariwoola, confirmation close to three months after his appointment by President Muhammadu Buhari.
The acting CJN was appointed on June 27 2022 and he has three months to get the Senate confirmation, failure which he would require fresh nomination.
Ariwoola would after the three months acting capacity either secure a fresh request to the Senate or the President sends another nominee to the red chamber for confirmation.
Some of the federal lawmakers who spoke with ThisNigeria on the issue then, lamented that Lawan, despite all pleas, allegedly failed to ensure Ariwoola’s confirmation before the Senate proceeded on recess till September 20.
The Senate had on Wednesday July 28, commenced a seven-week annual recess.
This followed the adjournment of the plenary by Senate President Ahmad Lawan till September 20, 2022.
Buhari, in a letter dated July 26, asked the Senate to confirm Ariwoola’s appointment as the substantive CJN, three days before the National Assembly’s annual vacation.
The letter read, “Pursuant to Section 231(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), I forward for confirmation by the Senate, the appointment of Hon. Justice Olukayode Ariwoola as the Chief Justice of Nigeria.
“While I hope that the submission will be considered in the usual expeditious manner, please accept, Distinguished Senate President, the assurances of my highest consideration.”
Ariwoola’s appointment as CJN by Buhari was sequel to the resignation of former Chief Justice Muhammad Tanko on 27th June, 2022.
Tanko’s resignation was against the backdrop of a protest by 14 aggrieved Justices over issues of welfare.
However, the former CJN, in his resignation letter, cited health grounds as reason for his decision.
Ariwoola on Monday, June 27, took the oath of office as the acting CJN. His appointment in acting capacity, took effect from that day.
The President administered the oath of office on Ariwoola at the Presidential Villa in Abuja.
The NJC had recommended Ariwoola to Buhari for appointment as the acting CJN following the resignation of Justice Tanko Muhammad.
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Ariwoola being the most senior judicial officer of the Supreme Court after Justice Muhammad, was next in line for the position of CJN.
According to tradition, when an incumbent head of court vacates office either because of death, retirement, resignation or sack, the next most senior judicial officer in the court takes over
The appointment of the CJN is provided for in Section 231 of the Constitution.
Basically, it provides that the President is the appointor. But for him to appoint, he must receive a recommendation from the National Judicial Council (NJC) after which he forwards the name of the appointee to Senate for confirmation.
Thus, under normal circumstances, when he receives the recommendation of the NJC, he should, if he is satisfied with the nomination, pass on the name of the nominee to Senate for confirmation.
Once Senate confirms the appointment, the nominee becomes the CJN after he has been sworn into office by the President.
By Section 231(4) of the Constitution, the President has the power to appoint the most senior Justice of the Supreme Court in an acting capacity until a substantive Chief Justice is appointed.
However, such an appointment lapses after three months and the President cannot re-appoint the same person as acting CJN unless he receives a fresh recommendation to that effect from the NJC.
Some senators who spoke on and off the record on the development alleged that there could be a grand plot to deny a southerner from Osun State from heading the Judiciary as the nation approach a crucial general elections next year.
They noted that the confirmation of Ariwoola was part of the issues discussed in the closed session two days before the annual recess but that Lawan allegedly refused to act on it.
