Nigerian lawyers petition Pres. Buhari over wrongful nomination of 33 as judges by NJC

… selection process gross violation of rules, procedures of NJC

Some concerned Nigerian lawyers under the auspices of Open Bar Initiative (OBI) have petitioned President Muhammadu Buhari over the 33 judge-nominees forwarded to him buy the National Judicial Commission (NJC).

In documents obtained by Per Second News, the lawyers said the names recommended for appointments into high constitutional office as judges in the Federal Capital Territory (FCT) High Court were not qualified.

At present, there are 35 judges on the Bench of the FCT High Court, if these appointments are approved, the number of judges on the FCT High Court will be increased by nearly double or, specifically, by 94.28  per cent, they said.

In the letter, OBI said it felt compelled as citizens and duty-bound as legal practitioners to oppose the names recommended to the presient for his approval.

“We are Nigerian citizens and legal practitioners and we write the auspices of the Open Bar Initiative (OBI) – a voluntary initiative comprising hundreds of lawyers committed to the reform of the legal profession and administration of justice Nigeria.

They insisted that the selection process was a gross violation of the rules and procedures of the NJC.

“In summary, the selection process violated the National Judicial Council’s laid down rules and procedures; violated High Court of the FCT (Number of Judges) Act, 2003 and is fraught with judicial insider dealing which risks turning the judiciary into an instrument for advancing narrow personal interests and patronage,’’ Persecondnews quotes the lawyers as stating in the protest letter.

They added: “To begin with, at least 22 of the 33 candidates presented to Mr. President for appointment as judges failed to comply with the existing standards and procedures for nomination and selection as laid down by the National Judicial Council (NJC).

“Section 255 of the Constitution of the Federal Republic of Nigeria, 1999 (As amended), pegged qualification for becoming a judge in the High Court of the FCT to be a minimum of 10 years qualification as a legal practitioner.

“To enable it to carry out the work of selecting suitable candidates from the many who potentially meet this requirement, the NJC has laid down rules for the receipt of applications/nominations, screening and selection,’’ the members of the Bar pointed.

Some of the relevant rules include Rule 4 , sub-rule 4,  (a) (b) and (c) that in considering the candidates, Judicial Service Comission/Committee shall take into account the fact that judicial Officers hold high office of State and occupy an office carrying enormous powers and authority.
Accordingly, the National Judicial Council shall – (i) regard the following qualities as essential requirements for the selection of suitable candidates for the judicial office in any of the superior Courts of Record in Nigeria; a) Good character and reputation, diligence and hard work, honesty, integrity and sound knowledge of law and consistent adherence to professional ethics.

Others are active successful practice at the Bar, including satisfactory presentation of cases in Court as a Legal Practitioner either in private practice or as a Legal Officer in any Public Service; c) Satisfactory and consistent display of sound and matured (sic) judgment in the office as a Chief Registrar or Chief Magistrate.

The classes of lawyers are qualified to apply and be recommended to be appointed as judges of a High Court and they are: Legal Practitioners in Private Practice, Legal Practitioners in Public Service who are Legal Officers, Chief Registrar of Court and Chief Magistrates.