Controversial Appointment Of Court Of Appeal Justices And Matters Arising As NJC Meets Tomorrow

The 18^th and 19^th of March has been picked
as the dates for the distinguished judicial body, the National
Judicial Council, to discuss striking issues affecting the
judiciary in Nigeria. The two-day meeting is not just important
because matters concerning the justice delivery system may be
considered, but because the recent nominations of justices for
elevation into the Court of Appeal is the most priority in the
meeting. A member who spoke to TheNigerialawyer
(TNL) said the NJC will consider nominations for the appointment of
Chief Judges for threes states which are Ebonyi, Delta, Rivers
states.  This is because the incumbent Chief Judges these
states will be retiring soon. TNL also gathered that there is also
suspense among the retiring judges on the expected amendment of the
constitution to allow for the increase in retirement ages for
judicial officers from 65 to 70 for high courts and 70 years for
Justices of Court of Appeals and Supreme Court Justices. Other
issues will be considered but the item on the elevation of the
bench-men is vital for the meeting.

However, efforts made to speak with the NJC Secretary, Mr. Ahmed
Gambo Selah, to know the agenda for the meeting proved
abortive.

The meeting is very important as it will clear the air and solve
the burning issues dealing with the claims that the nominations are
discriminatory.

NBA NEC MEETING AND THE NJC MEETING

While members of the legal community patiently wait for the
outcome of the NJC meeting, it is imperative to note that the days
fixed for the NJC meeting clashes with the meeting of the National
Executive Council of the Nigerian Bar Association. The President of
the Nigerian Bar Association (NBA), Olumide Akpata, being a member
of the NJC is expected to be in the meeting. Also, as a president
of the bar, he is ordinarily expected to preside over the NBA NEC
meeting. How can this be reconciled?

In a telephone with TheNigerialawyer, the
President of the NBA, Olumide Akpata, said that he would be
attending both meetings, although the NEC Meeting was fixed before
the NJC meeting. According to him, whilst he will attend the
first day of the NJC meeting as statutorily expected of him as a
member of the NJC, he may be unavoidably absent on the second day,
in order to meet up with the NEC meeting at Uyo.

“Automatically, the second representative of the NBA at the NJC
will perform the function on-behalf of the NBA. He will make our
position known to the Council regarding the appointment of the
Justices,” Mr.  Akpata added.

BACK TO THE CONTROVERSY OVER THE
APPOINTMENT

The list of judicial nominees being considered for elevation to
the Court of Appeal has faced strong opposition, especially, due to
the perceived discrimination against some selected regions and
religion. This new way of appointment has become unnecessarily
untidy and controversial for lack of transparency and
integrity.  It has also ignited condemnation and dismay
from a cross-section of the Nigerian legal community, including
some distinguished legal practitioners and jurists, for lack of
transparency and due process.

TNL had reported that the Southern and Middle
Belt Leaders Forum (SMBLF) had called on the National Judicial
Council (NJC) to reject the list compiled by the Federal Judicial
Service Commission (FJSC) for the appointment of Appeal Court
justices, which according to them has been allegedly compromised by
politicians at the commission. This was made known in a joint
statement signed by Mr. Yinka Odumakin (South-west), Chief Guy
Ikoku (South-east), Senator Bassey Henshaw (South-south), and Dr.
Isuwa Dogo (Middle Belt), on-behalf of the forum. They also
expressed shock at the list of nominated candidates, saying that
all the candidates picked from the North excluded Christians and
that the merit list submitted to the Commission by the President of
the Court of Appeal (PCA), Justice Monica Dongban-Mensem was
rejected.

“But for the nepotism that is celebrated in Nigeria today, what
is the basis of not having a Christian on such list from entire
northern Nigeria? We cannot accept that a multi-ethnic and
religious country is being treated this way. We want them to call
for the original list prepared by the President of the Court of
Appeal to avoid lawsuit on the matter,” the statement reads.

NOTHING WRONG WITH THE LIST, APPEAL COURT PRESIDENT
INSISTS

The President of the Court of Appeal, Hon. Justice Monica
Dongban-Mensem, PCA, defending the list faulted claims by some
persons that the process of appointing Justices for the court has
being manipulated to favour certain individuals, noting that those
behind the false claims were interested in destabilizing and
scandalizing the Judiciary. She also said the current
recommendation pending determination by the National Judicial
Council (NJC) was done without any preference for tribe, creed or
association and if there were sufficient vacancies to be filled,
all the nominees would have been recommended.

Shortlisted Candidates 

The shortlisted judges for interview by NJC priority candidates
as listed by SMBLF include: Hon. Kadi Mohammed Danjuma (Niger State
Sharia Court of Appeal); Hon. Justice Muhammad Ibrahim Sirajo
(Plateau State High Court); Hon. Justice Abdul-Azeez Waziri
(Federal High Court, from Adamawa State); Hon. Justice Yisuf Alhaji
Bashir; Hon. Justice Usman A. Musale (FCT High Court, from Yobe
State); Hon. Justice Ibrahim Wakili Jauro (Yobe State High Court);
Hon. Justice Abba Bello Mohammed (FCT High Court, from Kano State);
Hon. Kadi Mohammed Lawal Omar (Katsina State Sharia Court of
Appeal); Hon. Justice Bature Isah Gafai (Katsina State); Hon.
Justice Danlami Zama Senchi ( FCT High Court, from Kebbi
State).

Others are, ‘Hon. Kadi Bello Ladan Raha (Kebbi State Sharia
Court of Appeal); Hon. Justice Mohammed Lawal Abubakar (Sokoto
State High Court); Hon. Justice Muslim Sule Hassan (Federal High
Court, from Zamfara State); Hon. Junneth Ikechukwu Amadi (National
Industrial Court, from Imo State); Hon. Justice Peter Oyinkenimiemi
Affen ( FCT High Court, from Bayelsa State); Hon. Justice Sybil
Nwaka-Gbagi (Lagos High Court, from Delta State); Hon. Justice
Olasumbo Goodluck (FCT High Court, from Lagos State); Hon. Justice
Adebukunola Banjoko (FCT High Court, from Ogun State); Hon. Justice
Olabode Adegbehingbe (Ondo State High Court); and Hon. Justice Bola
Samuel Ademola (Ondo State High Court).

THENIGERIALAWYER’S VIEWS

The President of Court of Appeal did the needful in getting a
list to fill in the vacant positions with regards to the
appointment of Justices, but failed to publicize the list for
lawyers, clients and members of the general public to attest to
their character and integrity, which is the global best practice.
And because she failed to do this very important part of the
process, the appointment was infiltrated and hijacked by
politicians and powerful people in government. People are
justified for voicing their worries over the whole process. One can
imagine that in a list of about 20 persons, thirteen (13) who are
from the North, are non-christians. Not only was that the case,
there is no woman in the list. This shows a major segregation
against persons of the Christian faith, and women. This contravenes
the extant provision of Section 42 of the 1999 Constitution.

Still on that list, the South West has only 1 nomination,
whereas 3 kadis were appointed. With this, there is a full panel of
Sharia judges on the bench of the Court of Appeal with others from
other areas of the law absent. It was also gathered that a member
of the NJC made the list to be appointed as the Justice of the
Court of Appeal when there’s a saying that you cannot be a Judge in
your own case (Nemo judex in causa sua). With all of these, one can
say that the said list is tainted with secrecy, hence the
controversies. The NJC has to look into this issue and see to it
that it meets the expectations of Nigerians. The world is
watching.

Based on the foregoing view, we have raised some
posers for consideration.

1] Should judicial appointments be based solely on competence,
or an equitable distribution of representation of regions laced
with competence?

2] In cases where the judicial nominees are meant to replace a
deceased judicial officer, should such an appointment be from just
any region or state, or should the appointment be from regions of
the deceased office holders, so as to balance the equation?

3] Is the President of the Court of Appeal now the prospective
employer of these Judicial officers, such that the court is so much
involved in the process, or does the NJC still have the final
authority on the issue?

These are the questions the NJC has to take into consideration
while making its decision.

Below is the list of NJC members:

1. Dr. Justice I. T. Muhammad, CFR, JSC
2. Justice Olabode Rhodes-Vivour
3. Hon Justice Monica Bolna’an Dongban-Mensem
4. Justice Emmanuel Olayinka Ayoola, CON Retired Justice of
   Supreme Court
5. Hon Justice Francis F. Tabai( Retired Justice of Supreme
   Court)
6. Justice Amiru Sanusi, OFR(Retired Justice of Supreme
   Court)
7. Hon Justice Sidi Bage Muhammad (Retired Justice of Supreme
   Court) 1, Emir of Lafia Bare Bari and Chairman Nasarawa State
   Council of Chiefs
8. Justice Umar Faruk Abdullahi, CON, (Justice of Supreme
   Court), Walin Hausa, Shettima Ilimuye of Borno.
9. Hon Justice John Terhemba Tsoho (Federal High Court Chief
   Judge)
10. Justice Kanyip a Judge of the National Industrial Court
11. Justice Oyebola Adepele Ojo, Chief Judge, Osun State High
    Court.
12. Justice Rabi T. Umar, Chief Judge Bauch State
13. Justice I. A. Iyayi-Lamikanra, DSSRS, River State
14. Hon Justice Onuoha, Arisa kalu Ogwe, Chief Judge Abia
    State
15. Justice Muhammad  Sa’ idu Sifawa
16. Hon Justice Abbazhi, Musa Abubarkar Saddeq, president Customary
    Court of Appeal
17. Hon Grand Kadi Mohammed Danjuma, Grand Kadi, Sharia Court of
    Appeal
18. Olumide Akpata, President Nigerian Bar Association
19. Paul Usoro,SAN, Former NBA President,
20. Muiz Adeyemi Banire, SAN, NBA Member
21. Rakiya Sarki Ibrahim (MRS), Retired Public Servant
22. Mrs Rita Iember Inga, Retired Public Servant (Perm Sec)
23. Ahmed Gambo Saleh, NJC Secretary

The 18^th and 19^th of March has been picked
as the dates for the distinguished judicial body, the National
Judicial Council, to discuss striking issues affecting the
judiciary in Nigeria. The two-day meeting is not just important
because matters concerning the justice delivery system may be
considered, but because the recent nominations of justices for
elevation into the Court of Appeal is the most priority in the
meeting. A member who spoke to TheNigerialawyer
(TNL) said the NJC will consider nominations for the appointment of
Chief Judges for threes states which are Ebonyi, Delta, Rivers
states.  This is because the incumbent Chief Judges these
states will be retiring soon. TNL also gathered that there is also
suspense among the retiring judges on the expected amendment of the
constitution to allow for the increase in retirement ages for
judicial officers from 65 to 70 for high courts and 70 years for
Justices of Court of Appeals and Supreme Court Justices. Other
issues will be considered but the item on the elevation of the
bench-men is vital for the meeting.

However, efforts made to speak with the NJC Secretary, Mr. Ahmed
Gambo Selah, to know the agenda for the meeting proved
abortive.

The meeting is very important as it will clear the air and solve
the burning issues dealing with the claims that the nominations are
discriminatory.

NBA NEC MEETING AND THE NJC MEETING

While members of the legal community patiently wait for the
outcome of the NJC meeting, it is imperative to note that the days
fixed for the NJC meeting clashes with the meeting of the National
Executive Council of the Nigerian Bar Association. The President of
the Nigerian Bar Association (NBA), Olumide Akpata, being a member
of the NJC is expected to be in the meeting. Also, as a president
of the bar, he is ordinarily expected to preside over the NBA NEC
meeting. How can this be reconciled?

In a telephone with TheNigerialawyer, the
President of the NBA, Olumide Akpata, said that he would be
attending both meetings, although the NEC Meeting was fixed before
the NJC meeting. According to him, whilst he will attend the
first day of the NJC meeting as statutorily expected of him as a
member of the NJC, he may be unavoidably absent on the second day,
in order to meet up with the NEC meeting at Uyo.

“Automatically, the second representative of the NBA at the NJC
will perform the function on-behalf of the NBA. He will make our
position known to the Council regarding the appointment of the
Justices,” Mr.  Akpata added.

BACK TO THE CONTROVERSY OVER THE
APPOINTMENT

The list of judicial nominees being considered for elevation to
the Court of Appeal has faced strong opposition, especially, due to
the perceived discrimination against some selected regions and
religion. This new way of appointment has become unnecessarily
untidy and controversial for lack of transparency and
integrity.  It has also ignited condemnation and dismay
from a cross-section of the Nigerian legal community, including
some distinguished legal practitioners and jurists, for lack of
transparency and due process.

TNL had reported that the Southern and Middle
Belt Leaders Forum (SMBLF) had called on the National Judicial
Council (NJC) to reject the list compiled by the Federal Judicial
Service Commission (FJSC) for the appointment of Appeal Court
justices, which according to them has been allegedly compromised by
politicians at the commission. This was made known in a joint
statement signed by Mr. Yinka Odumakin (South-west), Chief Guy
Ikoku (South-east), Senator Bassey Henshaw (South-south), and Dr.
Isuwa Dogo (Middle Belt), on-behalf of the forum. They also
expressed shock at the list of nominated candidates, saying that
all the candidates picked from the North excluded Christians and
that the merit list submitted to the Commission by the President of
the Court of Appeal (PCA), Justice Monica Dongban-Mensem was
rejected.

“But for the nepotism that is celebrated in Nigeria today, what
is the basis of not having a Christian on such list from entire
northern Nigeria? We cannot accept that a multi-ethnic and
religious country is being treated this way. We want them to call
for the original list prepared by the President of the Court of
Appeal to avoid lawsuit on the matter,” the statement reads.

NOTHING WRONG WITH THE LIST, APPEAL COURT PRESIDENT
INSISTS

The President of the Court of Appeal, Hon. Justice Monica
Dongban-Mensem, PCA, defending the list faulted claims by some
persons that the process of appointing Justices for the court has
being manipulated to favour certain individuals, noting that those
behind the false claims were interested in destabilizing and
scandalizing the Judiciary. She also said the current
recommendation pending determination by the National Judicial
Council (NJC) was done without any preference for tribe, creed or
association and if there were sufficient vacancies to be filled,
all the nominees would have been recommended.

Shortlisted Candidates 

The shortlisted judges for interview by NJC priority candidates
as listed by SMBLF include: Hon. Kadi Mohammed Danjuma (Niger State
Sharia Court of Appeal); Hon. Justice Muhammad Ibrahim Sirajo
(Plateau State High Court); Hon. Justice Abdul-Azeez Waziri
(Federal High Court, from Adamawa State); Hon. Justice Yisuf Alhaji
Bashir; Hon. Justice Usman A. Musale (FCT High Court, from Yobe
State); Hon. Justice Ibrahim Wakili Jauro (Yobe State High Court);
Hon. Justice Abba Bello Mohammed (FCT High Court, from Kano State);
Hon. Kadi Mohammed Lawal Omar (Katsina State Sharia Court of
Appeal); Hon. Justice Bature Isah Gafai (Katsina State); Hon.
Justice Danlami Zama Senchi ( FCT High Court, from Kebbi
State).

Others are, ‘Hon. Kadi Bello Ladan Raha (Kebbi State Sharia
Court of Appeal); Hon. Justice Mohammed Lawal Abubakar (Sokoto
State High Court); Hon. Justice Muslim Sule Hassan (Federal High
Court, from Zamfara State); Hon. Junneth Ikechukwu Amadi (National
Industrial Court, from Imo State); Hon. Justice Peter Oyinkenimiemi
Affen ( FCT High Court, from Bayelsa State); Hon. Justice Sybil
Nwaka-Gbagi (Lagos High Court, from Delta State); Hon. Justice
Olasumbo Goodluck (FCT High Court, from Lagos State); Hon. Justice
Adebukunola Banjoko (FCT High Court, from Ogun State); Hon. Justice
Olabode Adegbehingbe (Ondo State High Court); and Hon. Justice Bola
Samuel Ademola (Ondo State High Court).

THENIGERIALAWYER’S VIEWS

The President of Court of Appeal did the needful in getting a
list to fill in the vacant positions with regards to the
appointment of Justices, but failed to publicize the list for
lawyers, clients and members of the general public to attest to
their character and integrity, which is the global best practice.
And because she failed to do this very important part of the
process, the appointment was infiltrated and hijacked by
politicians and powerful people in government. People are
justified for voicing their worries over the whole process. One can
imagine that in a list of about 20 persons, thirteen (13) who are
from the North, are non-christians. Not only was that the case,
there is no woman in the list. This shows a major segregation
against persons of the Christian faith, and women. This contravenes
the extant provision of Section 42 of the 1999 Constitution.

Still on that list, the South West has only 1 nomination,
whereas 3 kadis were appointed. With this, there is a full panel of
Sharia judges on the bench of the Court of Appeal with others from
other areas of the law absent. It was also gathered that a member
of the NJC made the list to be appointed as the Justice of the
Court of Appeal when there’s a saying that you cannot be a Judge in
your own case (Nemo judex in causa sua). With all of these, one can
say that the said list is tainted with secrecy, hence the
controversies. The NJC has to look into this issue and see to it
that it meets the expectations of Nigerians. The world is
watching.

Based on the foregoing view, we have raised some
posers for consideration.

1] Should judicial appointments be based solely on competence,
or an equitable distribution of representation of regions laced
with competence?

2] In cases where the judicial nominees are meant to replace a
deceased judicial officer, should such an appointment be from just
any region or state, or should the appointment be from regions of
the deceased office holders, so as to balance the equation?

3] Is the President of the Court of Appeal now the prospective
employer of these Judicial officers, such that the court is so much
involved in the process, or does the NJC still have the final
authority on the issue?

These are the questions the NJC has to take into consideration
while making its decision.

Below is the list of NJC members:

1. Dr. Justice I. T. Muhammad, CFR, JSC
2. Justice Olabode Rhodes-Vivour
3. Hon Justice Monica Bolna’an Dongban-Mensem
4. Justice Emmanuel Olayinka Ayoola, CON Retired Justice of
   Supreme Court
5. Hon Justice Francis F. Tabai( Retired Justice of Supreme
   Court)
6. Justice Amiru Sanusi, OFR(Retired Justice of Supreme
   Court)
7. Hon Justice Sidi Bage Muhammad (Retired Justice of Supreme
   Court) 1, Emir of Lafia Bare Bari and Chairman Nasarawa State
   Council of Chiefs
8. Justice Umar Faruk Abdullahi, CON, (Justice of Supreme
   Court), Walin Hausa, Shettima Ilimuye of Borno.
9. Hon Justice John Terhemba Tsoho (Federal High Court Chief
   Judge)
10. Justice Kanyip a Judge of the National Industrial Court
11. Justice Oyebola Adepele Ojo, Chief Judge, Osun State High
    Court.
12. Justice Rabi T. Umar, Chief Judge Bauch State
13. Justice I. A. Iyayi-Lamikanra, DSSRS, River State
14. Hon Justice Onuoha, Arisa kalu Ogwe, Chief Judge Abia
    State
15. Justice Muhammad  Sa’ idu Sifawa
16. Hon Justice Abbazhi, Musa Abubarkar Saddeq, president Customary
    Court of Appeal
17. Hon Grand Kadi Mohammed Danjuma, Grand Kadi, Sharia Court of
    Appeal
18. Olumide Akpata, President Nigerian Bar Association
19. Paul Usoro,SAN, Former NBA President,
20. Muiz Adeyemi Banire, SAN, NBA Member
21. Rakiya Sarki Ibrahim (MRS), Retired Public Servant
22. Mrs Rita Iember Inga, Retired Public Servant (Perm Sec)
23. Ahmed Gambo Saleh, NJC Secretary