IT is on record that the new Chief Justice of Nigeria, Justice Idris Legbo Kutigi remain the first Chief Justice of Nigeria to have appeared before the senate committee of the whole for screening before confirmation.

During the screening exercise, the 67 years old Justice Kutigi stood for about two hours answering questions from the lawmakers on different areas of our national life.

Expectedly, most of the questions centred on the gale of impeachments carried out by some state houses of assembly which were considered unconstitutional and legislative rascality by the senators, thus wanted the Chief Justice of Nigeria to make a declarative statement on the development.

Justice Kutigi who has spent 15 years at the Supreme Court was careful and thorough in responding to the questions refusing to be dragged into the politics of impeachments that were very known to the senators as political actors and stakeholders.

For instance some senators who asked leading questions relating to the role of the National Judicial Council (NJC) in the discipline and appointment of judges were almost driven to a point of telling the new Chief Justice what to say and what should be forgotten in the provisions of the constitution and other relevant laws which gave the NJC advisory role in which it can only make recommendations.

Even as the Chief Justice of the Federation keep insisting that there is nothing the NJC can do if a governor rejects its recommendation except may be to withhold the salary of such a judge, the senators refused to read between the lines of the language of Justice Kutigi.

The language was simple. "The NJC cannot make laws which is within the realm of the legislature to do, for the interpretation of the Judiciary" nothing more and nothing less.

After the screening exercise which the senate president had to draw to a conclusion, Senator Olatokumbo Ogunbanjo (PDP Ogun) raised a point of order citing Rules 14 and 15 of the senate standing rules dealing with privileges saying that he was not given recognition by the senate president to effectively represent his people in the screening of the Chief Justice of Nigeria. "My privilege as a senator representing the people of Ogun East has been breached."

Responding, Senate President Ken Nnamani who has demonstrated great ability to curtail every situation in the senate so far, referred Senator Ogunbanjo to Senate Rules 25 (1b) and 53 (10).

Order 25(1b) of the Senate Standing Rules states; "The president shall preside at sittings of the senate. He shall be responsible for the observance of the rules of order in the senate and committee" while Order 53 (10) states; "If two or more senators rise at the same time, the president of the senate or chairman shall call on the senator who first catches his eyes."

Senator Nnamani who must have taken note of the fact that Senator Ogunbanjo walked into the senate chamber when the screening of Justice Kutigi had gone far, said that it is important for senator to learn to observe time schedules.

"While I highly sympathizes with your predicament, I must say that you did not catch my eyes. I crave your indulgence and I promise that next time, I will look at your direction steadily, " Senator Nnamani told Senator Ogunbanjo.

As a way of laying the matter of the screening exercise to rest, Senator Lee Maeba (PDP River State) said that it would not be necessary for the senate to want to hold Justice Kutigi responsible for non-existing laws.

"The National Assembly should consider making laws that would enable the Chief Justice of Nigeria (CJN) to effectively carry out the functions of his office and other duties," Lee Maeba said.

Senator Farouk Bello Bunza later added his voice of acceptance by saying that "let me for once, agree and accept what my colleague Senator Lee Maeba said concerning the need for the senate to clear the Chief Justice without further delay.

The chairman of the senate committee on media and publicity, Senator Victor Ndoma-Egba who is the only Senior Advocate of Nigeria (SAN) in the senate, put paid to further agitation by some senators who felt that Justice Kutigi deliberately evaded some questions by saying that the qualification for becoming a Chief Justice of Nigeria is clearly stated in Section 231 (3) of the 1999 Constitution.

The section states; "A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years."

Senator Ndoma-Egba said that Justice Kutigi has met the constitutional provision for appointment as Chief Justice of the Federation.

Accordingly, when the question for Justice Kutigi’s confirmation was put before the senators, it was a unanimous yeah vote thus confirming Justice Idris Legbo Kutigi as the 10th Chief Justice of Nigeria.

One senator that could not hide his joy over Justice Kutigi’s confirmation was Isa Mohammed (Niger South) who lobbied his colleagues to clear the new CJN, maintaining that Kutigi had the qualification, experience and good credentials for that position.