By Francis Ogwo
A group of lawyers in Nigeria called ‘Open Bar Initiative’ has petitioned President Muhammadu Buhari, challenging the decisions of the National Judicial Council (NJC), on what is regarded as a compromise of laws leading to a nomination of unqualified persons as judges in the country.
This is in reaction to the 33 names the National Judicial Council sent to the President for confirmation as judges in the country.
The group in the release signed by Silas Joseph Onu and Chidi Anselm Odikanlu as co-conveners argued that some of the names sent to President Buhari made the list due to their relationship with the incumbent judicial officials and judges.
According to them, 22 of the 33 candidates submitted to the President as Judges is in contradiction to NJC’s standards and procedures for nomination, while stating that the motive of the letter is to call the attention of the President to the irregularities and favouritism in the system which is detrimental to the judicial system of the country.
The group said, “With considerable reluctance, we feel compelled as citizens and duty-bound as legal practitioners of this great nation, to oppose the names recommended to your good office for appointment as judges into the FCT High Court and our reasons are detailed below.
“In summary, the selection process violated the National Judicial Council’s laid down rules and procedures; violated High Court of the FCT (Number of Judges) Act, 2003, and is fraught with judicial insider dealing which risks, turning the judiciary into an instrument for advancing narrow personal interests and patronage.”
The group, while insisting that the qualifications of the submitted names remain shady, said it violates applicable NJC rules for the selection and appointment of superior court judges and also reveals personal interests in the NJC.
Citing Section 255 of the constitution of the Federal Republic of Nigeria, 1999 (As amended) which pegged qualification for becoming a judge in the High Court of the FCT to be a minimum of 10 years qualification as a legal practitioner, they argued that many of those recommended do not meet the stipulations of the constitution.
While giving reasons to their petition, the group stated the relationships of three of the female candidates as submitted by NJC.
“One is the daughter of a Justice of the Supreme Court and daughter-in-law of a Justice of the Court of Appeal; one is the sister of the Presiding Justice of Appeal, Akure Division; and one is the sister of a member of the NJC (D.D. Dodo SAN) and also the wife of the President of the National Industrial Court, Justice Kanyip.” the petition added.
Speaking further, the group lamented the decadence in Nigeria’s judicial system where the constitution is disregarded and positions become hereditary from parents to children or relatives, insisting it’s an abuse of the constitutional authorities of those with the responsibility of nominating judges.
They, therefore, urged President Buhari to reject the list and call for a fresh and open selection of judges without bias and sentiments.
“We are not against the children of judges applying, but we insist that even they, must compete on a level playing field with all others and they cannot be exempted from existing rules which govern the selection and appointment of judges. The NJC loses its claim to manage the judiciary if it cannot apply its own rules fairly.”
“Therefore, we pray and plead with you to reject this recommendation and order a transparently objective selection exercise devoid of conflict of interest and undue influence or insider dealing of any kind,” the petition added.
The Open Bar Initiative is a voluntary group of over 100 lawyers committed to the reform of the legal profession and administration of justice in Nigeria.
Almost every position is an inheritance in Nigeria. The worst is that this unqualified Judges end up using qualified lawyers to write their judgment and something as primary as a ruling in an ex parte application. This Petition should be taken seriously, else the already crippled judiciary will be laid to rest in her early grave.