Expectations that the first female Chief Justice of Nigeria (CJN) will emerge this year in the person of Justice Alooma Mukhtar may not materialize afterall, as the Presidency has finalized arrangements to send an Executive Bill to the National Assembly seeking to increase the retirement age of judges from 70 to 75 years.
LEADERSHIP SUNDAY gathered that the Bill, if passed into law, will ensure that the serving Chief Justice of the Federation, Justice Dahiru Musdapher who compulsorily retires in July 15 this year when he clocks 70, will have additional 5 years of service.
It was further gathered that the move was targeted at jeopardizing the chances of Justice Mukhtar emerging the next CJN, as she is the most senior Justice of the Supreme Court (JSC) and next in rank to Justice Musdapher.
According to sources, while the bill postulates that judges of that age bracket still have a lot to offer the country, it is however, targeted at ensuring that the serving Chief Justice of Nigeria(CJN) Justice Dahiru Musdapher continues in office beyond the expiration of his tenure of July 15 next year.
The Bill is expected to enjoy the backing of the ruling Peoples’ Democratic Party (PDP) which has overwhelming majority in the National Assembly.
The plan, according to sources, is to be enshrined in the proposed judicial reform agenda.
Justice Musdapher has been clamouring for judicial officers to hold their offices for life.
While the qualification for CJN as contained in section 231(3) of the 1999 Constitution provides for 15 years of legal practice, the tradition at the Supreme Court provides that the next most senior JSC fills the position based on the recommendation of the National Judicial Council(NJC).
Section 231 (1) – (3) of the amended 1999 constitution state as follows:
The appointment of a person to the office of Chief Justice of Nigeria shall be made by the president on the recommendation of the National Judicial Council subject to confirmation of such appointment by the senate.
The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the senate.
A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is practitioner in Nigeria and as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.
The moves to block her emergence, it was revealed stemmed from her track record of being a no-nonsense and incorruptible judge.
It was gathered that her dissenting? report along side those of Justices George Oguntade and Walter Onnoghen? in the 2007 presidential election appeal filed by the presidential candidate of All Nigeria Peoples Party(ANPP), Gen. Muhammad Buhari has remained her albatross.
“Although her emergence will make history in Nigeria if she is appointed as the first female CJN, the presidency has been cautioned to weigh its options as her track record speaks volumes of one that cannot be compromised if appointed”
LEADERSHIP SUNDAY had exclusively reported attempts made to edge out Justice Mukhtar when an international appointment was secured for her which she turned down.