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| Version 2 | Version 3 |
|---|---|
| 'Illegal' chief judge for Nigeria | 'Illegal' chief judge for Nigeria |
| (about 1 hour later) | |
| 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. | 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 was 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. |
| 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. | 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. |
| Panic | |
| The Nigeria Bar Association has called for an independent medical assessment of whether Mr Yar'Adua is well enough to carry out his duties. | The Nigeria Bar Association 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. | Last week, an opposition politician began legal proceedings to try to force President Yar'Adua to step down on health grounds. |
| He has been in Saudi Arabia for more than a month. | |
| The BBC's Caroline Duffield in Lagos says no-one knows who is making decisions and there has been barely concealed panic among officials in Abuja over what to do about the retirement of Nigeria's most senior judge. | |
| There was talk of flying the new chief justice to the president's bedside and filming a ceremony, but that didn't happen. | |
| Instead officials decided that the outgoing chief justice would perform the president's job. | |
| They are relying on the Oaths Act, which says that any lawyer can take an oath from anyone else. | |
| But many observers are warning that Nigeria's constitution is being kicked aside. | |
| Mr Yar'Adua also failed to appoint his deputy acting president when he left - another constitutional requirement. | |
| Doctors say the president is suffering from acute pericarditis - inflammation of the lining of the heart. | |
| He also has a long-standing kidney complaint. | He also has a long-standing kidney complaint. |