Prof Ernest Ojukwu,
SAN
* Let Us Have Our Judges Appointed In An Open And
Transparent Process
* Writes National Judicial Commission
Prof Ernest Ojukwu has taken a dim view on the notice of
appointment of additional judges for National Industrial Court.
In a letter obtained by Thenigerialawyers, Prof Ojukwu is of the
firm view that it is not in the place of the head of court to issue
notice calling for expression of interest for the post of
judges.
Below reads his letter
National Industrial Court’s Notice of Appointment of
additional Judges does not meet Transparency Threshold
A recent NOTICE dated 31st October 2018 by the President
National Industrial Court of Nigeria (NIC), on the appointment of
20 additional judges for that Court does not meet transparency
threshold and the Freedom of Information Act. It actually offends
the NJC Rules.
The Notice advertises that the Chief Justice of Nigeria “has
GRACIOUSLY given His approval for the commencement of the process
that will lead to the appointment of twenty (20) additional judges
for the National Industrial Court of Nigeria” and goes on to state
that:
“All interested persons are advised to act
accordingly”.
What does the “Notice” require interested candidates to do?
“Act accordingly”? How?
One of the strongest challenges to the independence of the
Judiciary in Nigeria is the appointment and process of appointment
of judges.
The National Judicial Council (NJC)’s Procedural Rules
requires that:
There shall be “call of expression of interest by suitable
candidates by way of public notice placed on the website
of the Judicial Service Commission/Committee concerned, notice
boards of the courts and notice boards of Nigerian Bar Association
Branches.”
The Judicial Service Commission/Committee shall specify the
closing date for the receipt of applications and /or nominations in
the call of expression of interest….”
There is no Notice relating to the appointment of additional
judges of NIC on the website of the National Judicial Service
Commission or on any NBA website. The NIC Notice does not have a
deadline for expression of interest. It does not state
qualifications. It does not direct any interested person on what to
do whatsoever. By the way, the Notice to be issued is not the
responsibility of the head of Court. It is the Judicial Service
Commission that ought to issue the Notice under the NJC
Rules.
Contrast this NCI Notice with a similar Notice dated 7th
November 2018 on the appointment of additional judges for Abia
State Judiciary. The Abia example titles its Notice “Call for
expression of interest for appointment as judges of the High Court
of Abia State”. The Abia Notice is issued by the State Judicial
Service Commission. It is signed by the Secretary of the
Commission. It also states these details:
Requirements/competencies required of the candidates;
What form the expression of interest should take;
A closing date; and
Documents to accompany the indication of interest
In the case of NCI, the National Judicial Service Commission
should do the right thing. Let us have our judges appointed in an
open and transparent process.
Prof Ernest Ojukwu, SAN