Fomer Labour Party, LP chieftain, Doyin Okupe has reacted to claim that it is unlawful and illegal to swear in an acting CJN without confirmation by the Senate.
His statement is coming after President Bola Ahmed Tinubu swore in Justice Kudirat Kekere-Ekun as the new Chief Justice of Nigeria.
In a post that he titled, “Swearing In An Acting CJN: Right or Wrong?”, he said Swearing in an acting CJN is not unlawful or illegal. Doyin Okupe said that for a judicial officer to lawfully take on the full responsibilities of the CJN in an acting capacity, he or she must be under oath even if it is for 24hrs.
He said in a situation whereby the CJN isn’t confirmed by the Senate, he or she will vacate the position.
Here is what he wrote on his page;
“Swearing in an acting CJN is not unlawful or illegal. It is purely procedural. For a judicial officer to lawfully take on the full responsibilities of the CJN in an acting capacity, he or she must be under oath even if it is for 24hrs. However, If unconfirmed by the Senate, he or she simply vacates the position while another takes his or her place”….Vïêw–Môrê