The Court of Appeal is embroiled in crisis as a result of
scheming over who replaces Justice Zainab Bulkachuwa as the
president of the court. She retires from office in the next coming
months.
The situation is capable of throwing the nation’s judiciary into
the kind of crisis witnessed during the feud between the late Chief
Justice of Nigeria (CJN), Justice Katsina Alu and former president
of the Court of Appeal, Justice Ayo Salami.
The crisis was occasioned by Justice Salami’s refusal to be
elevated to the Supreme Court and claim that the former CJN was
interfering in the Sokoto governorship election case that was
before the Appeal Court.
The episode, which sparked court battles and allegations of
disregard for court orders by custodians of such orders, turned out
amongst the most bitter in the annals of Nigeria’s judiciary
history.
Investigation by Daily Sun not Nairalaw has revealed
that present crisis at the appellate court is occasioned by an
attempt to stop the next most senior Justice of the Court, Justice
Monica Dongban-Mensem from becoming the next president to favour of
Justice Muhammad Garba.
Already, her name has been sent to the National Judicial Council
(NJC) for promotion to the bench of the Supreme Court.
She is expected to appear for an interview tomorrow alongside
Justice Muhammad Garba, whose name is also on the list.
Daily Sun, however, learnt that the decision to promote her to
the Supreme Court is ill-intended as it is laced with ethnic,
political and religious colouration.
Besides, according to sources, the inclusion of Justice Garba’s
name for the interview is a mere gimmick as the main target for the
job is Justice Dongban-Mensem, a Christian from Plateau State, who
is currently the presiding Justice of the Court of Appeal, Enugu
division.
According to a document by the National Judicial Council (NJC),
Committee on Interview for Appointment of Judicial Officers into
the Supreme Courts of Records dated September 17, Dongban-Mensem
and Garba were among the six that made the list. Others are Adamu
Jauro, Emmanuel A. Agim, Biobeli A. Georgewill and Helen M.
Ogunwumiju, while on the reserve are Ridam M. Abdullahi, Tijani
Abubakar, Abdu Aboki, Rita Pemu, C. Oseji and Justice O.K.
Oyewole.
Daily Sun was told that Justice Dongban-Mensem was stopped from
becoming a Justice of the Supreme Court many years ago by some
forces within the judiciary.
Justice Muhammad Garba was Chairman of the five member
presidential election petition tribunal that dismissed the petition
filed by the Peoples Democratic Party (PDP) and its candidate,
Alhaji Atiku Abubakar, against the re-election of President
Muhammadu Buhari.
Daily Sun was told by credible sources that the clandestine plot
to scheme out Justice Dongban-Mensem became glaring after the
President of the court, Justice Zainab Bulkachuwa withdrew from the
presidential panel as its chairman.
“Under normal circumstances, Justice Dongban-Mensem was supposed
to head the panel after the exist Justice Bulkachuwu from the
presidential election petition tribunal panel, by virtue of her
position as the next most senior Justice of the appellate
court.
“Some Justices of this Court (Court of Appeal), were surprised
by the decision to by-pass Justice Monica for Justice Garba, who is
her junior on the bench of the Court.
The plot which has ethnic and religious colouration, according
to sources, is to preserve the leadership of the judiciary in
favour of a particular religion.
The last time a Christian attained the position of the President
of the Court of Appeal was between 1976 to 1978, under Justice
Daniel Onuorah Ibekwe. It is the North East and North West that
have been heading the Court of Appeal.
Another source who spoke urged the CJN to intervene and save the
judiciary another crisis.
“The CJN should immediately intervene to avert another crisis in
the judiciary except we are to believe that now is payback time for
Justice Garba for doing a “wonderful job” at the tribunal.
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