Tinubu to cut short France trip to swear in Kekere-Ekun as acting CJN

President Bola Tinubu is expected to return to Nigeria to swear in Kudirat Kekere-Ekun as the chief justice of Nigeria on Friday.

TheCable understands that the president is flying into the country on Thursday night.

The swearing in ceremony will take place at the council chambers in the presidential villa, Abuja.

Tinubu travelled to France on Monday for what Ajuri Ngelale, his spokesperson, described as a “brief work stay”.

According to presidency sources, the president decided to return early for the oath-taking ceremony of the acting CJN.

ARIWOOLA BOWS OUT

Olukayode Ariwoola on Thursday retired as the CJN after attaining the age of 70. A valedictory ceremony was held in his honour at the supreme court complex.

The National Judicial Council (NJC) had on August 15 recommended Kekere-Ekun to the president as Ariwoola’s sucessor.

The recommendation was made during the NJC’s 106th meeting presided over by Ariwoola.

By constitutional provision, Kekere-Ekun is meant to assume the office of CJN in acting capacity as the next most senior justice of the supreme court.

However, her assumption of the office is not automatic.

APPOINTMENT IN ACTING CAPACITY

According to Section 231(4) of the constitution, the president is expected to appoint the next in line to perform the functions of the CJN upon the office becoming vacant — until a substantive CJN is appointed.

On June 27, 2022, former President Muhammadu Buhari swore in Ariwoola as the acting CJN following the resignation of Ibrahim Muhammad.

The senate confirmed Ariwoola in September of the same year and Buhari swore him in as the substantive CJN in October.

Similarly, Buhari had sworn in Ibrahim Muhammad as the acting CJN in January 2019 after the suspension of Walter Onnoghen.

TIMEFRAME FOR ACTING CJN

Section 231(5) of the constitution provides that unless the NJC recommends otherwise, the acting CJN can only operate in the position for three months from the date of his/her appointment.

According to the section, an acting CJN shall not be reappointed after the appointment has lapsed.