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'Illegal' chief judge for Nigeria 'Illegal' chief judge for Nigeria
(40 minutes later)
Nigeria's new chief justice is being sworn in in the absence of President Umaru Yar'Adua, who is in hospital in Saudi Arabia with a heart condition. Nigeria's new chief justice has been sworn in in the absence of President Umaru Yar'Adua, who is in hospital in Saudi Arabia with a heart condition.
A lawyer has told the BBC that the appointment of Aloysius Katsina-Alu is illegal, as only the president has the power to take his oath of office.A lawyer has told the BBC that the appointment of Aloysius Katsina-Alu is illegal, as only the president has the power to take his oath of office.
Instead, the ceremony is being presided over by outgoing chief justice Idris Legbo Kutigi. Instead, the ceremony was presided over by outgoing chief justice Idris Legbo Kutigi.
There have been several calls for Mr Yar'Adua to resign over his ill-health.There have been several calls for Mr Yar'Adua to resign over his ill-health.
Lawyer Bamidele Aturu told the BBC that the constitution makes it clear that the chief justice can only be sworn in by the president. Senior lawyer Bamidele Aturu told the BBC that the constitution makes it clear that the chief justice can only be sworn in by the president.
"This means the legality of the appointment is in question and people can go to court and challenge it," he said."This means the legality of the appointment is in question and people can go to court and challenge it," he said.
Impasse
The BBC's Yusuf Tijjani in Abuja says senior officials of the Nigeria Bar Association (NBA) did not attend the ceremony, as they would normally do.
The NBA has called for an independent medical assessment of whether Mr Yar'Adua is well enough to carry out his duties.
Last week, an opposition politician began legal proceedings to try to force President Yar'Adua to step down on health grounds.
Doctors say he is suffering from acute pericarditis - inflammation of the lining of the heart.
He also has a long-standing kidney complaint.
Mr Yar'Adua has not formally handed over power and correspondents say that, as a result, Nigeria is locked in a political impasse.