With all respect to the Federal Court its decision to treat the legality of the appointments to the Chief Justiceship and to membership of the Court of Appeal by persons who later resigned those appointments as an “academic issue” might be semantically correct but it is nevertheless erroneous.

What is at issue here is whether certain judicial appointments were lawfully made or not. After the appointments were made the individuals so appointed sat in their respective Courts and were party to judgments. How can that be “academic” at least to the parties concerned? Judgments in any such cases must be a nullity by reason of having been delivered by Benches containing persons illegally appointed thereto.

It is understandable that current judicial circles might anxious to put so shameful a matter behind themselves but they do no justice or honour to the Constitution in sweeping the issue under the carpet. Heaven forfend, but such an issue might arise again in the future with the Constitution not properly interpreted, so permitting such illegalities to recur. Surely no one, lawyers or politicians want that?