Donald Duke’s comments on the swearing-in of the incumbent CJN stir up a legal hornet’s nest
In a recent interview with News Central on Saturday, Donald Duke, a lawyer and former governor of Cross River State, questioned the legality of the swearing-in of Justice Kudirat Kekere-Ekun as the acting Chief Justice of Nigeria.
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His comments have sparked a debate among legal experts about the legal requirements and implications of swearing in a sitting CJN.
Duke argued that an acting CJN should not be sworn in until her appointment is final. “You don’t swear in someone who is an acting CJN,” he explained. “You swear her in when the matter is final. Now that she’s been confirmed, is she going to be sworn in again?”
The former governor also highlighted the potential consequences if the Senate finds that a sitting CJN is unfit for the role. “If for any reason she goes to the Senate and finds that she is not fit and proper to be the Chief Justice of the Federation, even if she cannot get a visa to the United States or whatever the decision is. Then she will pass out and retire from then on,” Duke explained.
Responding to Donald Duke’s comments, Joseph Bodurin Daudu, SAN, Bencher and former President of the Nigerian Bar Association, offered a contrary perspective. Daudu stressed the legal requirement to take an oath before holding or discharging the duties of any office, whether the appointment is acting or substantive.
“Whether acting or full-time, the person sworn in holds an office and will perform functions specifically associated with that office,” Daudu explained. “The law requires that an oath be taken before exercising or performing the duties of the office.”
Daudu also clarified that the term of office of an acting CJN is temporary and lasts for three months, with the possibility of a one-time extension of three months. He argued that the oath of office taken for an acting function cannot be transferred to a substantive function as the latter requires a separate and distinct appointment with the approval of the Senate.
“The previous oath of office is temporary, incomplete and therefore non-transferable,” Daudu explained. “Upon confirmation, Kekere-Ekun Ag CJN will have to be re-sworn in to be able to substantively discharge the duties or functions of the high office of the Chief Justice of Nigeria.”
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