Justice Kayode Ariwoola who is second on the order of seniority has formally taken over as the Ag. Chief Justice of the federation.
He took over the reins from Justice Ibrahim Tanko Muhammad who stepped aside on health grounds on Monday.
Swearing in the Acting Chief Justice at the Presidential Villa, President Buhari urged respect for the rule of law, saying his administration will never interfere with the independence of the judiciary.
“This occasion is an opportune time for me, to, as always, assure the Nigerian Judiciary that this administration is committed to ensuring the independence of the Judiciary”, the President declared.
“We shall uphold the Constitutional provisions on the Rule of Law and the principles of Separation of Powers”, the Nigerian leader further stressed.
Justice Tanko Muhammad
“Earlier today”, the Commander-in-Chief said, “I received a letter from the Honourable Justice Dr. I. Tanko Muhammed, CFR, resigning his position as Chief Justice of Nigeria and Chairman of the National Judicial Council, on health grounds.”
He noted that the CJN was appointed to the Supreme Court in 2006, sworn in on the 8th of January 2007, and became the Chief Justice of Nigeria in acting capacity on 25th January 2019.
“He became the substantive Chief Justice of Nigeria and Chairman National Judicial Council on Wednesday, 24th July 2019.
“Ordinarily, he was scheduled to retire from the Supreme Court on the last day of 2023.
“Unfortunately, as no man is infallible, ill-health has cut short Chief Justice Tanko’s leadership of the Nigerian Judiciary at this time”, Buhari observed
The President further remarked, “I am therefore constrained to accept his retirement, albeit with mixed-feelings.
“Much as one may wish that the Chief Justice of Nigeria Muhammed Tanko is able to fully serve his term in office, it presupposes that he is able to perform the functions of the office without let, hindrance or any form of disability.”
Buhari hinted that the resignation of judicial officers due to mental impairment, disability or ill-health has been envisaged under Section 231(4) of the 1999 Constitution as amended.
According to him, that section of the constitution contains “provisions relating to vacancy” and specifies what ought to happen when the Chief Justice of Nigeria is “unable to perform the functions of the office for any reason.”
The President called for a harmonious relationship between the three arms of government.
He explained that Government powers have been shared among the three tiers, namely the executive, the legislature and the judiciary, saying what is left is for all the arms to execute their functions without any form of interference from the other.
The President paid glowing tribute to Justice Muhammad, saying his era “witnessed several landmark, jurisprudential and policy decisions by the Supreme Court…
“CJN Tanko dealt firmly with the issue of reckless and indiscriminate grant of ex-parte Orders that was assuming serious dimensions.
“History will be kind to Justice Tanko Muhammed for his modest contributions to Nigeria’s Judiciary, the strengthening of our democracy and national development.”
Buhari decorated the outgoing Chief Justice with the second most prestigious national honour of the Grand Commander of the Order of the Niger, GCON.
Justice Kayode Ariwoola
Turning attention to Muhammad’s successor, Buhari said, “I hereby invite Honourable Olukayode Ariwoola JSC, being the next most Senior Justice of the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity, pursuant to Section 231(4) of the 1999 Constitution (as amended).”
Acknowledging the fact that the nation is fast approaching a critical general election, the President cautioned the Judiciary not to do anything that could diminish its self esteem in the eyes of ordinary Nigerians.
“I want to admonish the Justices of the Supreme Court to always remain faithful and bear true allegiance to the Federal Republic of Nigeria” President Buhari emphasized.
He urged them “to remain steadfastly committed to the Oath of Allegiance which they all subscribed to, as contained in the 7th Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
