By: Najat Ahmed
The head of the transitional military council, 1st Lt. Gen. Abdul Fattah Al-Burhan, was expected to formally appoint the Chief Justice who the members of the upcoming Sovereign Council are supposed to take the oath before him.
But to the surprise of all Al Burhan took oath before the present Chief Justice, due the unconstitutionality of appointing a new Chief Justice.
Observers believe that there is a procedural error in the constitutional document related to the appointment of the Chief Justice.
The Constitutional Document stipulated that the Chief Justice and the Attorney General are to be elected by the Supreme Judicial Council and the Public Prosecution.
Sources said that the appointment is currently impossible because the current councils of the judiciary and the Public Prosecution are affiliated with the former regime and the two candidates cannot be presented for election, adding to that the Transitional Military Council (TMC) rejected the candidates of the Forces of Freedom and Change (FFC) claiming that the appointment violates the Constitutional Document.
According to the documents of the agreement, the sovereign council, which is expected to be formed in the coming hours, will be sworn in before the new chief justice.
The FFC nominated Abdul Qadir Mohammed Ahmed for the presidency of the judiciary and Mohammed al-Hafiz Ahmed for the post of Attorney General besides nominating three assistants to the Attorney General, but the TMC refused to accredit them under the pretext of not violating the constitutional document
The Democratic Alliance of Lawyers said in a statement that the components of the FFC decided the designation of two legal cadres who are qualified to lead the aspired reform.
The FFC, the legal and the masses of the Sudanese people were surprised by the rejection of the TMC by the pretext that they should be selected by the High Judicial Council.
For his part, a group of former judges in a statement affirmed their adherence to the candidate of the FFC to head the judiciary of the transitional phase, warning of the consequences of manipulating justice.
The statement explained that the second reason for the rejection is the fear of the overthrowing elements of the appointment of chief justice who is honest and impartial and keener on the functioning of justice and activating it on the ground in order to restore the confidence of the Sudanese people in its judiciary, which helps in providing those who committed an offense against the Sudanese people for fair trials.
The statement said that the reservation of the TMC to the selection represents a threat to the future of justice.