Law Does Not Permit Vacuum — Falana SAN Reacts To Non-Appointment Of CJ Of High Court Of FCT

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*In The Absence Of President Buhari, The Oaths Act Permits
CJN To Induct Acting CJ Of High Court Of FCT — Osigwe SAN

In view of the non-appointment of new Chief Judge for the High
Court of the Federal Capital Territory, Abuja, a human rights
lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has
described the atmosphere as that of “uncertainty” as the law does
not envisage a vacuum for the position of Chief Judge.

Falana, in an interview with Premium
Times ^[1] noted that
the failure of Mr Buhari, who is statutorily empowered to give his
approval for the appointment of an acting Chief Judge for the
court, has foisted “a state of uncertainty” on the court.

According to the learned silk, the vacuum created by the
non-appointment of an acting Chief Judge in the court has
far-reaching implications.

He noted that the court’s activities are at a standstill whereas
it is the duty of the Chief Judge to assign cases to judges. That
any assignment carried out by any Judge or registrar may be set
aside.

Mr. Falana explained, “the implication is that the court is
paralyzed administratively or otherwise.

“It is the statutory duty of the Chief Judge to assign and
distribute cases to judges when they are filed. Nobody can perform
that role now.

“Any assignment carried out by any Judge or registrar may be set
aside”.

Also, a former National Secretary of the NBA, Afam Osigwe,
however, said the president’s absence should not be an issue as
there are constitutional provisions to deal with such an
occurrence.

Mr Osigwe, a Senior Advocate of Nigeria, said the CJN could step
in to swear in the next most senior judge in the absence of the
president.

He explained that the “Oath Act” allows the CJN to swear-in an
acting Chief Judge in the president’s absence.

“We must not wait for the president to return before statutory
functions are carried out,” Mr Osigwe said.

However, findings by our correspondent showed that the CJN is
also out of the country, like the president.

“The situation is made worse by the absence of the CJN from the
country,” a source familiar with the unfolding issue told this
reporter.

TheNigerialawyer learnt that Hon. Justice H.Y. Baba who hails
from Ankpa Local Government Area of Kogi State is next in line as
the most senior judge.

Recall that the former FCT Chief Judge, Garba Salisu, has
resigned to take up an appointment as the Administrator of the
National Judicial Institute (NJI) in Abuja.

Therefore, the office has been vacant for about 10 days now. The
vacuum must have been caused by President Muhammadu Buhari’s
unavailability to approve the appointment of an acting Chief Judge
to fill in the suddenly vacant office.

Buhari had jetted to London on July 26 for an education summit
after which he would stay on in the city for a “medical check-up”
his office said in a statement.

Vice-President Yemi Osinbajo, who could have approved the
appointment of the acting Chief Judge of the FCT judiciary, is
handicapped by Mr Buhari’s failure to transmit power to him in an
acting capacity, lawyers say.

But as of Tuesday morning, about 10 days after assuming his new
role, Mr Garba’s picture still featured as the Chief Judge of the
FCT High Court on the website of the court.

Mr Garba, who hails from Katsina State, would have been due to
retire as the chief judge by October 10 when he would have attained
the mandatory retirement age of 65 years.