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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. 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. 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. "This means the legality of the appointment is in question and people can go to court and challenge it," he said.