Access to Justice (A2Justice) on Friday has described as
worrisome the directive by President Muhammadu Buhari for
appointment on new Supreme Court justices.
Joseph Otteh, the Convener, in a statement, recalled how Buhari
asked the acting Chief Justice of Nigeria, Justice Tanko Muhammad,
to initiate the process of appointing five new justices of the
Supreme Court.
A2Justice said the process, which saw the CJN accepted the
request by asking Supreme Court Justices to nominate “suitable
candidates for consideration for appointment as Justices of the
Supreme Court of Nigeria”, was mockery of the judiciary
It said: “The Supreme Court has not had a full bench of 21
Justices since the transition to civil rule in 1999 in spite of
calls for it to do so. Why does it have to be a Presidential
“request” that should trigger the Judiciary into filling
longstanding vacancies at the Supreme Court? There are notable
concerns flowing from the Judiciary’s response to the Presidency’s
request.
“First, the Judiciary gives the impression, inferably, that it
has no mind of its own, and cannot control its own business or
judge what is in its own best interest. Nigeria’s judicial branch
is created as an independent arm of government, with powers and
responsibility over the affairs of the Judiciary.
“The Constitution and the Nigerian people expect the Judiciary
to exercise full autonomy over matters relating to the appointment,
discipline and removal of judges without interference from other
branches of government, just as the Judiciary does not interfere in
appointments made by other arms of government.
“The Judiciary has not told the Presidency when, for example, to
appoint cabinet Ministers since May 29, 2019 when this
administration began another term. The Judiciary ought to march to
the beat of its own drum not another’s. The move to fill-up all
vacant Supreme Court positions, following from the President’s
advice or direction, unfortunately casts the Judiciary as an
institution that lacks real substance in the concept of its
independence; as a lackey arm, sub-ordinate to the direction of the
executive branch.
“Given the Presidency’s role in the sobering events leading to
the removal of the past Chief Justice of Nigeria, Hon. Justice
Walter Onnoghen (rtd) and the instatement of a new (acting) one,
the Nigerian Judiciary ought to maintain considerable distance from
other branches of government, as part of its efforts at rebuilding
its public image that has, for a long while now, remained below
par.
“It has not done so in this case but is, rather, further hurting
its public perception and sending an invidious, counter-productive
message to Nigerian judges nationwide that the Judiciary should
take cognizance of the body language of the executive, and hearken
to its requests, wishes and demands.
“Secondly, even in initiating the process for appointments to
the Supreme Court, the (acting) Chief Justice is also not adhering
to the terms of the Extant Revised NJC Guidelines & Procedural
Rules For The Appointment of Judicial Officers of All Superior
Courts of Record in Nigeriamade on 3rd Nov. 2014 made by the
National Judicial Council, of which he is Chairman.
“The Rules require, with respect to appointment of Justices to
the Court of Appeal and the Supreme Court, that the President of
the Court of Appeal/Chief Justice of Nigeria write“to Heads of
Courts, serving Justices of Court of Appeal/Supreme Court of
Nigeria and President of the Nigerian Bar Association asking for
nomination of suitable Judicial Officers/Legal Practitioners for
appointment as Justice of Court of Appeal/Supreme Court of
Nigeria”.
“The Rules show that nominations for Supreme Court positions
must come from a broad spectrum of officials and persons, and not
from the Supreme Court Justices alone. The Guidelines show that
even academics can be considered, and not only serving
Judges/Justices or practicing lawyers. The acting Chief Judge’s
stipulated eligibility criteria would effectively exclude academics
from being considered for appointment to the Supreme Court in
violation of the existing Judicial Appointment Guidelines.
“Finally, Access to Justice urges the acting Chief Justice of
Nigeria to re-consider the exigencies of appointing new Supreme
Court Justices at this time. While the Supreme Court will do with
additional Justices, the circumstances and context within which any
appointment will take place now are not expedient for the
Judiciary’s integrity.
“Many Nigerians (and members of the international community)
will see any appointments to the Supreme Court at this time, coming
at the behest of the Presidency, as an extension of the
government’s ploy to exercise political control of the court, and
influence the outcomes of election petitions that come before
it.
“No matter how fairly or neutrally the Supreme Court decides
major election cases following any new appointments, there will
always be some doubt, among many, whether the government did not,
in some way, orchestrate the outcomes if new Justices sit on a
case, particularly if the outcome is favourable to the ruling
party. Public perception of the Judiciary’s independence is a very
vital and delicate element of the judiciary’s autonomy and
integrity in a democratic society.”