It is only and only when an appointed person’s tenure has lapsed and the Governor wishes a renewal, that the NJC becomes constitutionally relevant in this regard as it is its Constitutional Powers to approve the renewal. If there is no issue of renewal of the appointment of an Acting Chief Judge, then there is no role for the NJC to play. The relevant Section, therefore, which the Publicists did not bother to refer its listeners and readers to (because they have ruled the first appointment invalid which appointment remains valid because they are not a Court of Law as only a Court of Law can validly so rule) is Subsection (5) of the selfsame Section 271 which states thus: ‘’Except on the recommendation of the National Judicial Council an appointment pursuant to Subsection (4) of this Section shall cease to have effect after expiration of three months from the date of such appointment and the Governor shall not reappoint a person whose appointment has lapsed’’. It has been our law – and it has not changed – that Bodies established by law (including the NJC) must act within the boundaries established by their enabling statutes. READ ON... dailypost.ng/2013/12/17/rivers-government-clears-air-appointment-acting-chief-judge/
Posted on: Sat, 25 Jan 2014 10:54:47 +0000
Trending Topics
Recently Viewed Topics
© 2015