By Emeka Amaefula
JUSCTICE KAYODE ARIWOOLA TAKES OVER AS ACTING CHIEF JUSTICE OF NIGERIA
The President Federal Republic of Nigeria Muhammadu Buhari this after swore into office the Acting Chief Justice of Nigeria CJN, Justice Kayode Ariwoola who is the second in the hierarchy of Judicial officers In Nigerian Judiciary arm of Government. The swearing in ceremony took place at the Presidential Villa, Federal capital Territory Abuja. The Acting Chief Justice of Nigeria took over from Justice Ibrahim Tanko Muhammad who resigned over his worsening health in the early hours of today being Monday 27th of June, 2022.
President Buhari while swearing in Justice Ariwoola said “ This occasion is an opportune time for me, to as always assure the Nigerian Judiciary that this administration is committed to ensuring the Independence of the judiciary,” he stated.
“We shall uphold the constitutional provisions on the Rule of Law and the principles of Separation of Powers,” President Buhari declared. Earlier today, I received a letter from the Honourable Justice Dr. I. Tanko Muhammed CFR, resigning his position from office as Chief Justice of Nigeria and Chairman of the National Judicial Council, on health grounds.” The President of Nigeria reiterated that Justice I. Tanko Muhammed was appointed to the Supreme Court of Nigeria in 2006 and sworn in on the 8th of January, 2007 as he became the Chief Justice of Nigeria in Acting capacity on 25th January, 2019. “He became the Chief Justice of Nigeria and Chairman of National Judicial Council on Wednesday, 24th July, 2019. Ordinarily, he was scheduled to retire from the Supreme Court on the last day of 2023. Unfortunately, as a man is infallible, ill-health has cut short Chief Justice Tanko’s leadership of the Nigerian Judiciary at this time.” Buhari explained.
The President further stated , “I am therefore constrained to accept his retirement, albeit with mixed-feelings. Much as one may wish that the Chief Justice of Nigeria Muhammed Tanko is able to fully serve his term in office without let, hindrance or any form of disability.”
In his elaborate remark, Buhari said that the resignation of Judicial Officers due to mental impairment, disability or ill-health has been envisaged under section 231(4) of the 1999 Constitution as Amended. “Provisions relating to vacancy” has specified what ought to happen when the Chief Justice of Nigeria is “Unable to perform the functions of the office for any reason.”
The President in his speech called for harmonious co-existence of the three Arms of Government as government powers have been shared among the three tiers viz avis Executive, the Legislature and the Judiciary, emphasizing that what is left is for all the arms to execute their functions without any form of interference from the other.
President Buhari eulogized Justice Tanko Muhammed idenfying the fact that his period in office “witnessed several landmark, jurisprudential and policy decisions by the Supreme Court…CJN Tanko dealt firmly with the issue of reckless and indiscriminate grant of ex-parte orders that was assuming serious dimensions.
“History will be kind to Justice Tanko Muhammed for his modest contributions to Nigeria’s judiciary, the strengthening of our democracy and national development.”
The outgoing CJN was immediately decorated with the second highest national honours of the Grand Commander of the Order of the Niger, GCON.
To the Acting Chief Justice of Nigeria, Justice Ariwoola President Buhari said “hereby invite Honourable Olukayode Ariwoola JSC, being the next most Senior Justice of the Supreme Court, to come forward to take the judicial Oath as Chief Justice of Nigeria in an Acting capacity, pursuant to Section 231(4) of the 1999 Constitution as Amended,”
The President having identified that the nation is approaching very crucial general election, cautioned the judiciary not to do anything that could tarnish its self esteem in the eyes of ordinary Nigerians. ”I want to admonish the Justices of the Supreme Court to always remain faithful and bear true allegiance to the Federal Republic of Nigeria of Nigeria.” He reiterated.
He therefore urged the Judiciary “To remain steadfastly committed to the Oath of allegiance which they all subscribe to, as contained in the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria as Amended.”
Last month Justice Mary Ukaego Odili retired from the Supreme Court of Nigeria a situation being the most senior Supreme Court Justice after Honourable Justice Ibrahim Tanko Muhammed that left Honourable Justice Kayode Ariwoola as the next most senior Supreme Court Judge in the Judicial Arm of Government.