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

*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 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.