By Chidi Nkwopara, OWERRI
The social area has been inundated with various opinions and when you like, media conflict, on who ought to take over from any retiring state chief choose, or some other one within the federation.
This “media conflict” had beforehand, and at numerous instances, taken place in some states of the federation, together with, however not restricted to Imo State.
In Cross River State, the lawmakers have bluntly refused to substantiate the Nationwide Judicial Fee’s nominee, Justice Akon Ikpeme, because the substantive Chief Decide of the state.
Let me concede instantly that I’m not a lawyer, however in dealing with this problem, excerpts from some paperwork, together with the Nigerian Structure and other people’s views will change into very useful.
Part 271(1) of the Nigerian Structure supplies that “the appointment of an individual to the workplace of the Chief Decide of a state, shall be made by the Governor of the state, on the advice of the Nationwide Judicial Council, topic to the affirmation of the Home of Meeting of the state.”
From the foregoing, it’s clear that this Part didn’t particularly point out the actual particular person to be appointed by identify or workplace, even because it additionally follows that no person can declare any unique proper to be appointed the Chief Decide of a state.
From this identical quoted Part, the principal actors are the Nationwide Judicial Council, NJC, which recommends a named particular person to the Governor of a state, who then makes the appointment, topic to the approval of the State Home of Meeting.
The difficulty now could be: How does the NJC discover the particular person to be advisable to the governor for appointment because the Chief Decide of a state? The reply lies within the powers given to the State Judicial Service Fee, JSC, by the Structure to suggest individuals to the NJC for appointment as judicial officers of the courts established for a state, by the Structure, which incorporates the Chief Decide of a state.
Once more, how does the JSC of a state discover the particular person to be advisable to the Nationwide Judicial Council, NJC, for appointment because the Chief Decide of the state? This may be discovered within the 2014 revised NJC Tips and Procedural Guidelines, for the appointment of judicial officers of all superior courts of file in Nigeria.
The rules make provisions for the JSC to shortlist numerous individuals because it deems match, which normally, are serving judges so as of seniority, not by any particular provision of the Structure, by follow and write to the judges to submit their curriculum vitae, medical certificates of health and credentials to the JSC.
Thereafter, the JSC forwards the shortlisted names to all former heads of the actual courtroom to which the appointment is to be made, in addition to all branches of the Nigerian Bar Affiliation, NBA, within the state and the Division of State Service, DSS, within the state.
On the finish of the consideration of the reviews and feedback by members of the JSC, a call is taken on which two of the shortlisted judges or individuals, needs to be forwarded to the NJC, as most popular and alternate candidates for consideration and advice of one in all them, to the governor for appointment because the Chief Decide of the state.
Aside from the foregoing, and in all circumstances, good character and fame, diligence and laborious work, honesty, integrity and sound information of legislation and constant adherence to skilled ethics, are additionally thought of.
It was additionally gathered that any of them shall not be advisable for appointment if discovered to have been concerned in canvassing or lobbying for the appointment immediately or not directly in any type and thru any particular person or individuals, together with politicians, royal fathers,public officers and different judicial officers.
Equally, unhealthy behaviour, whether or not in or out of courtroom, affect peddling, show of life-style, which signifies that the candidate has been dwelling above his or her means.
Submission of false credentials and/or deceitful or fraudulent curriculum vitae, as we as any act of dishonesty or corruption or corrupt follow, both on behalf of himself or some other judicial officer or skilled colleague.
By advantage and essence of the independence of the JSC, as envisaged by the provisions of Part 202 of the Structure, the JSC isn’t sure by any directive from any authority in anyway, in arriving on the two candidates to be advisable to the NJC.
It should be placed on file that the shortlisting of as much as 4 or extra judges, because the case could also be, reveals that seniority of judges is barely however a consider your entire course of. The shortlisted judges are then thought of alongside the qualifying and disqualifying components listed above. It is just if essentially the most senior of the judges is discovered to be the most effective of all shortlisted judges or at par with the remainder that essentially the most senior is nominated or advisable by the JSC and NJC, to the governor for appointment as Chief Decide of a state.
It’s axiomatic and a precept of fairness that “the place the equities are equal, the primary in time prevails”_ however the place the equities usually are not equal, the primary in time or most senior choose, can by no means prevail over a extra competent choose.
This place was vividly captured by a one time Lawyer Basic of Imo State, D. C. Denwigwe, SAN, on the irrelevance of contemplating seniority as a criterion for the appointment of a Chief Decide of a state.
His authorized opinion to the Army Governor of Imo State, dated December 9, 1998, reads: “The Chief Decide should possess good judicial temperament. He should not exhibit a extremely flammable temperament or an computerized readiness to deliver his workplace low. Whether or not in army regime or in a civilian democracy, instances come when the nice studying, full expertise and degree headedness of the Chief Decide are what it takes to maintain the state.
“Towards the rapid foregoing background, it’s simple to see why seniority ought to neither be the one yardstick nor rise above different measures of advantage.”
After mentioning the identify of the choose he was unable to vouch for, he additionally said that “no effectively practiced lawyer in Imo State, can dispute the scholarship of both Hon. Justice L. C. Alinnor or P. C. Onumajulu.”
He then added: “Harmonious relationship throughout the judiciary thus outweighs seniority. In my candid view, the choose who seems most most popular by his brother judges, if he additionally possesses the opposite qualities listed earlier, is the most effective.”
The purpose to be made right here is that there’s nothing mistaken or extraordinary if objections and petitions are raised or made towards the suitability of any choose for increased judicial appointment, together with that of a Chief Decide of a state.
Cases abound the place the JSC of a state and NJC appointed judges who weren’t essentially the most seniors as heads of courts, each at federal and state ranges and people appointments by no means generated any furor or agitation, as a result of they had been made on strong and sound foundation.
Subsequently, each time the appointing authorities deviated from appointing essentially the most senior choose as head of courtroom or as Chief Decide, as had been completed in states like Abia, Ebonyi, Enugu, Imo, Rivers and Bornu States, to say however just a few, they should have had strong grounds to take action.
It’s advised that we must always permit these charged with such duties below the Structure, to take action with out undue interference and rancour.
Nevertheless, it’s actually disturbing when it’s found that a few of the victims of those failed selections are ladies, who’re denied the place due to being married exterior their state of beginning!
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