Kunle Disagrees With SANs, Says, Buhari Had Enough Time To Conclude All Processes For The Confirmation Of Justice Dongban-Mensem As Substantive PCA

A human rights activist, Kunle Edun has disagreed with some Senior Advocates of Nigeria who defended President Muhammadu Buhari’s decision to extend the appointment of Justice Monica Dongban-Mensem as the Acting President of the Court of Appeal for another three months.

Four senior lawyers, Mallam Ahmed Raji (SAN), John Baiyeshea (SAN), Dayo Akinlaja (SAN), President, Centre for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George (SAN), who spoke to THISDAY on the issue had said that the president did not violate the constitutional provisions by renewing her acting appointment.

They dismissed such speculation as baseless, saying that the president has not gone outside the law by renewing her appointment for another three months since it was recommended by the NJC.

Reacting this the above statement, Kunle said With the greatest respect to the distinguished silks, the President of the Federal Republic of Nigeria had enough time to conclude all processes that will lead to the confirmation of my lord, as the substantive President of the Court of Appeal.

“Why must we wait for a substantive Chief Judge/PCA to retire before we start the process of appointing a successor?

“Why can’t the valedictory session or ceremony for the outgoing CJ/PCA be done same time with the swearing in of the new CJ/PCA.

“The NJC usually have long notice of the retirement date of each CJ/PCA. Why not start early to avoid a situation of appointing Acting CJ/PCA, which now seems to be the new norm,” he asked.

TheNigeialawyer(TNL) recalls that the president in March, following the retirement of Justice Zainab Bulkachuwa, had appointed Dongban-Mensem as acting president of the court pending the appointment of a substantive president.

Her appointment, according to constitutional provisions, should not exceed three months.

She was appointed into the post being the most senior justice of the Court of Appeal at the time of the retirement of Justice Bulkachuwa.

The National Judicial Council (NJC), the body that oversees the appointment as well as the discipline of judicial officers had in late April in line with the law, recommended Justice Dongban-Mensem to Buhari for appointment as substantive president of the Court of Appeal.

With barely a week to the expiration of the acting capacity tenure, Buhari on Friday renewed her appointment for another three months, rather than forward her name to the Senate for confirmation, fuelling speculation that she may not be presented to the Senate for confirmation for the substantive post.