Lawyers have expressed their expectation that the process for the appointment of a new Chief Judge of the Federal High Court will be smooth and without delay.
The Chief Judge of the court, Justice Abdu Adamu Kafarati, is due to retire on July 25 after attaining the statutory 65 years for judges of the high court.
Some have expressed concerns that the process may face difficulty in confirmation following the experience of the outgoing CJ, whose confirmation was delayed.
There are three senior judges of the Federal High Court who are in line to take over from the outgoing CJ. They are: Justices John Terhemba Tsoho, Cecilia Olatoregun and Binta Nyako. But Justice Tsoho, born June 24, 1959 is the most senior judge of the court.
Speaking on the matter, Joe Kyari Gadzama (SAN) said the expectation of lawyers is that there would be no problem in the appointment of the new CJ of the Federal High Court.
“We believe it will be an effortless, seamless and straightforward process,” he said.
“The person who is going to take over has been groomed and has been in the system. We are not aware of any inhibitions or any impediments or any issue.”
In the same vein, Ali Zubairu Esq said it has always been the tradition that the next most senior judge takes over the office except where there are complaints against the person.
But Adeniyi Akintola (SAN) said Section 249(4) of the Constitution mandates the president to appoint the next most senior person to perform the functions of the CJ of the court but that it is not the same thing as a substantive CJ, which is by the recommendation of the National Judicial Council (NJC).
“What should be the major concern to all stakeholders is that ‘if I recommend to you, are you bound to accept?’ It is a discretionary thing,” he said.
Immediate past Chief Justice of Nigeria, Justice Walter Onnoghen, inaugurated Justice Kafarati in acting capacity following the retirement of Justice Ibŕahim Auta on September 16, 2017.
However, President Muhammadu Buhari in December, 2017 and March 2018 failed to confirm the judge despite a Senate letter to that effect.
The president eventually sent for the confirmation of the judge in June, 2018 in line with Section 250 of the Nigerian Constitution.
