The National Judicial Council (NJC) will meet this week on happenings in the Judiciary, particularly the imminent exit of Justice Olukayode Ariwoola as the Chief Justice of Nigeria (CJN).
Justice Ariwoola is billed to formally vacate office on August 22 upon attaining a retirement age of 70 years. He became CJN on October 12, 2022.
The Supreme Court has already scheduled a valedictory court session in his honour.
Checkout Magazine learnt from an NJC source yesterday that it is mandatory that the NJC meets and decides on who to recommend to the President as acting CJN pending the appointment of a substantive one.
Going by Sub-section 4 of Section 231 of the the1999 Constitution the baton will fall on Justice Kudirat Motonmori Olatokunbo Kekere-Ekun (nee Fasinro) who is currently, the second most senior Justice of the apex court
The sub-section states that: “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.”
Sub-section 1 of the same section also provides that : “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.”
The NJC source explained that the meeting next week, ‘’the NJC will formally write to inform the President of the impending retirement of the CJN(Ariwola) and the name of the most senior Justice of the apex court, recommended for appointment in acting capacity.”
