Swearing-in of Wada was wrong – Musdapher

The Chief Justice of Nigeria, CJN, Justice Dahiru Musdapher, yesterday in Ilorin opened up for the first time on the swearing in of Kogi State governor, Idris Wada, by the  President of the state’s Customary Court of Appeal, declaring that the swearing-in was wrong.
Justice Musdapher also called on governors of the 36 states of the federation to honour provisions of the constitution and give unto the Judiciary what is due to it.
He spoke at the fifth  Mohammed Akanbi Faculty of Law of the University of Ilorin Annual Public Lecture where he delivered a lecture entitled: “Challenges of Judicial Reform in the 21st Century: The Nigerian Experience.”
Musdapher said it was wrong of the Kogi State  Customary Court of Appeal President to swear in Wada as the governor when the Chief Judge whom he described as the head of the judiciary in the state was still trying to ascertain the import of the decision of the Supreme Court.
The President of the Customary Court of Appeal had sworn in Wada after the Chief Judge was reportedly trying to ascertain who was to be sworn in between the governor and the Speaker of the state House of Assembly.

CJN, Dahiru Musdapher

He said: “In Kogi State, it was widely reported that the President of the Customary Court of Appeal had to swear in a governor when the Chief Judge who was constitutionally charged with the role, had refused to do so, until he had ascertained the true import of the decision of the Supreme Court. This is clearly wrong.
“By virtue of our training, education, modesty and humility, the issue of who  is the head of the judiciary in a state should not cause any problem. Anybody who rose to become either a Grand Khadi or a President of the Customary Court of Appeal ought to show by example, education, and humility that it is not really important who the head of the judiciary in a state is.”



Oyetibo, Aturu react
Meanwhile, against the backdrop of the CJN’s condemnation of the swearing-in of the Kogi State Governor by the President of the Customary Court of Appeal, prominent lawyers including Mr. Tayo Oyetibo, SAN and Mr. Bamidele Aturu argued, yesterday, that although the action was administratively wrong, this cannot invalidate the oath taken by the governor.
Oyetibo said: “The provision is that either the state Chief Judge or President, Customary Court of Appeal in that order should administer the oath. That means the latter can perform the swearing-in ceremony if the former is not available. But if the Chief Judge is around, he should perform the duty since he is the head of the state judiciary.
“However, this does not in anyway invalidate the oath taken. The most important is whether the oath is properly administered or not. What was done in Kogi State that the CJN was referring to was administratively wrong and not legally wrong. The state CJ ought to perform the ceremony. It was understandable  in the interest of peace and good governance. That does not invalidate the oath, what is important is whether the oath was administered at all.”
In his view, Lagos lawyer, Mr. Bamidele Aturu said: “As  far as I am concerned, it is a long standing convention that the state CJ swears in the governor. It is also the provision of the law, but it does not preclude another person from swearing-in the governor. So, it was very wrong for the president of the Customary Court of Appeal to do that when the state Chief Judge was available.

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