Access to Justice (A2Justice) on Friday has described as worrisome the directive by President Muhammadu Buhari for appointment of 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 accepting the request
by asking Supreme Court Justices to nominate “suitable candidates for
consideration for appointment as Justices of the Supreme Court of Nigeria“, was a 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, invariably, 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,
subordinate 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
Nigeria made 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 practising
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.”