The Bench Not A Resting Place Adejumo OFR

The President of the National Industrial Court of Nigeria,
Honorable Justice Adeniran Adejumo OFR has said that the bench is
not a resting place as he maintained that hard work is key to
becoming a Judge of the National Industrial Court.

He made this statement while addressing participants at the May
2019 Ekiti State Attorney General’s Colloquium held in Ado Ekiti.
Justice Adejumo who spoke on the topic: ‘ How To Become a Judge of
the National Industrial Court’ stressed that hard work, vast
knowledge and enough experience were key to becoming a Judge of the
National Industrial Court.

Adejumo stressed that the constitutional provision for the
appointment of judges was only a basic requirement and there were
several other requirements that a candidate needs to fulfil. He
said these include computer based examination, oral interviews and
that such persons must have considerable experience and knowledge
in the law and practice of industrial relations and employment in
Nigeria.

In his welcome address the Honorable Attorney General and
Commissioner For Justice, Ekiti State Olawale Fapohunda, said that
the Attorney-Generals colloquium is planned to be a quaterly event
aimed at providing a forum for the continuous legal education of
lawyers in the State. Fapohunda said that the invitation of the
President of the Industrial court was in recognition of the
important role of the court in achieving peaceful labour relations
in Nigeria. According to Fapohunda , the colloquium will provide
participants with a better understanding of the law and practice of
the National Industrial Court as well as give lawyers interested in
joining the court the opportunity to have a first hand appreciation
of the requirements.

Fapohunda stressed that the colloquium was in furtherance of the
commitment of the Fayemi Administration to the career progression
of workers in the state civil service. Fapohunda who also spoke
about the Ministry of Justice Academy said that the idea behind the
Academy, the first of its kind in Nigeria, is to enhance the
professionalism of all those who work in the Ministry. Fapohunda
emphasised that the effective and efficient provision of legal
services to the Government and People of Ekiti State is a core
mission of the Ministry.

Present at the event were Professor Smaranda Olarinde, Deputy
Vice Chancellor Administration and Provost College of Law, Afe
Babalola University Ado-Ekiti, Professor Babatunde Chairman
Governing Council Ministry of Justice Academy, representatives of
the NBA Branches in Ekiti State, legal officers and Law Students
from the Ekiti State University and the Afe Babalola
University.

Below are excerpts from the
presentation

HOW TO BECOME A JUDGE OF THE THE NATIONAL INDUSTRIAL
COURT OF NIGERIA.

Honourable Justice Adeniran Adejumo, OFR President, National
Industrial Court

It is important to mention that Section 254B of the 1999
Constitution provides the procedure and modes of appointment of the
President of the Court and other judges of the Court. It is
pertinent to also note that the requirements and the procedures are
similar to those applicable to the members of the various High
Courts created under the 1999 Constitution of the Federal Republic
of Nigeria. There is the additional requirement that such persons
must have considerable experience and knowledge in the law and
practice of industrial relations and employment in Nigeria. The
appointing and disciplinary authorities are the same and likewise
the conditions of service.

To initiate the process for the appointment of a judge of the
National Industrial Court, the President of the Court will have to
seek for and obtain the consent of the Chief Justice of Nigeria who
is also the Chairman, National Judicial Council.

Rule 4 of the Federal Judicial Service Commission Guidelines
(for the appointment of judges), 2014, which came into force on the
31st October, 2014, provides that: “whenever appointments are to be
made, the Head of the Court concerned must confirm by writing,
under his hand, that vacancies exist and facilities such as
courtrooms, vehicles, accommodation etc. are available before
candidates are proposed for nomination”. See similar provision in
Rule 2 (a) of the 2014 Revised NJC Guidelines and Procedural Rules
for the Appointment of Judicial Officers of all Superior Courts of
Records in Nigeria

After obtaining the consent of the CJN, the President of the
Court will then call for expression of interest from interested
persons who are qualified to be appointed as a judge of the
Court.

Rule 5 of the Federal Judicial Service Commission Guidelines
(for the appointment of judges), 2014, provides that:
“For appointment of Judges/— into the National Industrial Court —–,
the Head of Court —shall call for nomination from:

(i). The Chief Justice of Nigeria and the Justices of the
Supreme Court of Nigeria;

ii). The President and Justices of the Court of Appeal;

iii). The Chief Judge of the Federal High Court, the President
of the National Industrial Court, Chief Judges of the Federal
Capital Territory and States, Grand Khadis and Presidents of
Customary Courts of Appeal of the Federal Capital Territory and
States;

iv). The office of the Honourable Minister of Justice and
Attorney General of the Federation;

v). The President, Nigerian Bar Association.

Note that the chairman of a local NBA branch is not qualified to
recommend/nominate a candidate for appointment as a judge of the
Court. Also no judge of any High Court, except the Head of Court,
is eligible to nominate/recommend any candidate for
appointment.

See also Rule 3 (1) (a) (i-iii) 2014 Revised NJC Guidelines and
Procedural Rules for the Appointment of Judicial Officers of all
Superior Courts of Records in Nigeria for similar provision in
respect of who may recommend candidates for appointment to the
position of a judge of the National Industrial Court of
Nigeria.

The implication of the above provision is that anyone who
intends to become a judge of the National Industrial Court of
Nigeria must be nominated by at least one of the persons listed in
the above provision. You cannot nominate/recommend yourself for
appointment.

Note that a judge of the National Industrial Court of Nigeria is
also qualified to nominate a qualified candidate for consideration
for appointment as a judge of the Court.

By Rule 3 (2) of the 2014 Revised NJC Guidelines and Procedural
Rules for the Appointment of Judicial Officers of all Superior
Courts of Records in Nigeria: “any person nominating a candidate
must do so in writing and indicate clearly and in detail, that
he/she has sufficient personal and professional knowledge of the
candidate’s requisite attributes for a reasonable period of time as
would make him competent to make the nomination. He/she shall
expressly certify that from his/her personal knowledge of the
candidate, the candidate possesses the qualities set out in Rule
4(4)(i)(a)-(b) of these rules; and where applicable the qualities
set out in Rule 4 (4)(4)(i)(d) and/or (e).

For better understanding of the discussion, Rule 4(4)(i)(a) is
in respect of “Good Character and reputation, diligence and hard
work, honesty, integrity and sound knowledge of law and consistent
adherence to professional ethics”.

Rule 4(4)(i)-(b) stipulate that “active successful practice at
the Bar, including satisfactory presentation of cases in Court as a
legal practitioner either in private practice or a Legal Officer in
any Public Service

Rule 4 (4)(4)(i)(d) provides for “ credible record of teaching
law, legal research in a reputable University and publication of
legal works”.

Rule 4 (4)(4)(i) (e) provides for knowledge of Arabic Language
and grammar in respect of appointment of a candidate to the office
of Kadi of a Sharia Court of Appeal (which is not relevant to our
discussion here).

OTHER STAGES IN THE APPOINTMENT PROCESS.

In addition to the above provisions, successful nominees will be
required to fill a voluntary information which will be issued to
them from the Court. The form is meant to gather all salient and
useful information in respect of each candidate. This is to give
the Court a peep into the character, health status, work experience
etc. of each nominated candidates.

It is after this stage that qualified candidates will be called
for a written test. Names of successful candidates will then be
forwarded to the DSS, the Police Force and other relevant security
organizations for necessary background security check on such
candidates. Candidates with favourable security reports will now be
called upon for oral interview and further medical examination
tests to ascertain their health status.

At this stage the Judicial Service Commission/Committee shall
make a provisional shortlist on the merits consisting of not less
than twice the number of Judicial Officers intended to be appointed
at the particular time.

The chairman of the Judicial Service Commission/Committee shall
place the provisional shortlist before the Judicial Service
Committee for approval and upon such approval, with or without
modification, the provisional shortlist shall become the final
list. See Rule 3 (4 &5) of the 2014 Revised NJC Guidelines and
Procedural Rules for the Appointment of Judicial Officers of all
Superior Courts of Records in Nigeria. See similar provisions in
the Federal Judicial Service Commission Guidelines and Procedural
Rules, 2014

By the provisions of Rule 5 of the 2014 Revised NJC Guidelines
and Procedural Rules for the Appointment of Judicial Officers of
all Superior Courts of Records in Nigeria, the Chairman of the
Judicial Service Commission/Committee shall recommend to the Chief
Justice of Nigeria and Chairman, National Judicial Council for
further screening and selection of final successful candidates,
whose name(s) shall be recommended at the plenary of the National
Judicial Council to the President of the Federal Republic of
Nigeria for appointments. Note that by the provisions of S. 254 B
(2) of the CFRN (1999), as amended; “the appointment of a person to
the office of a judge of the National Industrial Court shall be
made by the President on the recommendation of the National
Judicial Council”.

Successful candidates at the end of these rigorous stages shall
then be sworn in as a judge of the National Industrial Court of
Nigeria.

It is important to hint this audience that anyone who may aspire
to become a judge of the court must understand the law, most
particularly in the area of labour and industrial relations, must
be of impeccable character who must abhor corruption and other
related vices, must be hardworking and dedicated and with no moral
or professional blemish, amongst other things. For the above I
refer to Rule 4 of the 2014 Revised NJC Guidelines and Procedural
Rules for the Appointment of Judicial Officers of all Superior
Courts of Records in Nigeria

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