Justice Satellite Expresses Displeasure Over the Shortlisted Candidates for Judicial Appointments in Nasarawa, Writes Strongly Worded Letter to the Chief Justice of Nigeria.

A group of Concerned Nigerians, under the umbrella of the Justice Satellite of Nigeria, has formally called on the Chief Justice of Nigeria and Chairman of the National Judicial Council, Hon. Olukayode Ariwoola, to decline the candidates shortlisted for judicial appointments by the Nasarawa Judicial Service Commission.

In a letter signed by Chairman Mr. Annas Ibrahim Alemani, the group expressed their concerns, emphasizing various shortcomings in the shortlisted candidates. They specifically accused the commission of practicing favoritism and nepotism in the selection process.

The letter titled SHORTLIST OF EIGHT (8) CANDIDATES FOR APPOINTMENT AS JUDGES OF HIGH COURT OF JUSTICE, NASARAWA STATE AND TWO (2) CANDIDATES FOR APPOINTMENT AS KADI OF THE NASARAWA STATE SHARIA COURT OF APPEAL; NONE COMPLIANCE WITH CONSTITUTIONAL PROVISIONS AND LAID DOWN GUIDELINES BY NASARAWA STATE JUDICIAL SERVICE COMMISSION, EXHIBITION OF FAVOURITISM AND NEPOTISM BY NASARAWA STATE JUDICIAL SERVICE COMISSION, A CALL TO REJECT THE SHORTLISTED CANDIDATES, reads

We most respectfully write to bring to the notice of the National Judicial Council (Hereinafter referred to as) the “Council” that the shortlisted and recommended candidates for the appointment of four (4) Judges of the High Court of Justice Nasarawa State and One (1) Kadi of Nasarawa State by the Judicial Service Commission, Nasarawa State (Hereinafter referred to as) JSC, is in Flagrant disregard of section 14 (3) & (4) of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended  (Hereinafter referred to as) CFRN 1999 and the  NJC guidelines and procedural rules 2014. The shortlisted candidates by JSC, Nasarawa State awaiting your recommendation for appointment is attached hereto as Exhibit “A^”.

For ease of reference section (14(3) of the CFRN 1999 provides as follows:-

“The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national Unity and also command National Loyalty, thereby ensuring that there shall be no Predominance of Persons from a few state or from a few ethnic or other sectional group in that Government or in any of its agencies (Italics and emphasis ours).

Section 14 (4) of the CFRN 1999 provides as follows;

“The composition of the government of a state, a Local Government Council, or any of the agencies of such government or council, and the conduct of their affairs of the government or council of such agencies shall be carried out in such a manner as to recognize the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the Federation (Italics and emphasis ours).

Rule 3 (6) (iv) of the NJC Guideline and Procedural Rules 2014 provide as follows:

“In carrying out the provisional shortlisting exercise the chairman of the Judicial  Service Commission/Committee shall take into consideration as much as possible (iv) Federal Character or Geographical Spread and where Necessary and possible, without compromising or allowing politics to permeates or  influence the appointment. (Italics and emphasis ours).

Presently, Nasarawa state has 17 numbers of Superior court Judges 2 Federal High Court Judges, 1 National Industrial Court Judge, 1 High Court Judge of the Federal Capital Territory, 4 Customary Court of Appeal Judges, 3 Sharia Court of Appeal Kadis and 3 Court of Appeal Justices.

It is apposite to tabulate the present appointed Superior Court Judges in and from Nasarawa State Vide Exhibit “B^” to “D” respectively reflecting the Judges Senatorial Districts, Local Government Areas to press or drive home our point. Viz;

EXHIBIT “B”

NASARAWA SOUTH SENATORIAL DISTRICT.

The Council may wish to know that Nasarawa South Senatorial District comprises of Lafia, Doma, Awe, Obi and Keana Local Government Areas respectively.

EXHIBIT “C”

NORTHERN SANATORIAL DISTRICT

The Northern Senatorial District Comprises of Nasarawa Eggon, Wamba and Akwanga Local Government Areas respectively.

EXHIBIT “D”

WESTERN SENATORIAL DISTRICT

The Western Senatorial district comprises of Keffi, Karu, Kokona, Nasarawa and Toto local Government Areas respectively.

It is worthy to note that before exhibit “A^” was forwarded to the Council, about 70 persons expressed interest to be nominated and appointment as Judges of the High Court and Kadi respectively across the 13 Local Government Areas of Nasarawa State.

We submit that it is an obligation on the JSC to comply with the relevant provisions of the CFRN 1999 and NJC guideline (Supra) in determining who among the applicants should form part of Exhibit “A” forwarded to the Council for recommendation to be appointed as Judges and Kadi of Nasarawa State Judiciary. Sadly, this, the JSC failed, refused or neglected to do. This is because a communal examination of Exhibits “B” Visa vis Exhibits “A”, by the Council will reveal that in Nasarawa South Senatorial District, Lafia Local Government Area alone has 6 judges, Obi Local Government Area has 3 Judges, Doma Local Government Area has 2 Judges, Keana has only 1 Judge and Awe Local Government Area has no Judge. Surprisingly, Lafia Local Government Area with 6 serving Judges has three shortlisted candidates for appointment; Keana local government area with only 1 judge has no candidate in Exhibit “A”, whereas Awe Local Government with no Judge has only 1 candidate in Exhibit “A”. This means Lafia Local Government Area is more “favoured” and “placed” above Keana and Awe Local Government Areas combined who has 1 Judge and no Judge respectively. 

In other words Lafia Local Government Area with 6 judges has dominated other Local Government Areas in Nasarawa South Senatorial District which the relevant section of CFRN 1999 Supra and Rule 3 (6) (iv) of the NJC guidelines supra is meant to prevent.

By the content of Exhibit “D”, Toto, Karu and Keffi Local Government Areas has 3 Superior Court Judges respectively, yet the JSC choose  to ignore Keana Local  Government Area without shortlisting any person therefrom, despite persons who expressed  interest to be appointment from Keana Local Government Area. Same treatment was also meted on Awe Local Government Area with no Judge. Again, by this exercise  of the JSC, Nasarawa State, Toto and Karu Local Government Areas are individually most “favoured” than Awe and Keana Local Government Areas combined instead  of having equal number of superior Court Judges. This is against the wordings of section 14 (3) & (4) CFRN 1999 as amended and Rule 3 (6) (iv) the NJC guideline supra.

Journeying further, the Council will see from Exhibit “C” that Wamba Local Government Area alone has 3 superior Court Judges and thus, favoured by the JSC in Exhibit “A” because one person was shortlisted from Wamba Local Government Area. This is detrimental to Keana, Akwanga and Awe Local Government Areas who has 1 Judge each and no Judge respectively. This clearly negates the wordings of section 14(3) & (4) of the CFRN 1999 as amended & Rule 3 (6) (iv) of the NJC guidelines supra.

Had the JSC, Nasarawa State complied with the aforementioned law and guidelines, it would have ensured that Exhibit “A^” contains 4 persons from Awe Local Government Area, 2 persons each from Keana, Akwanga and Nasarawa Local Government Areas, so that at the end of the whole exercise, Awe Local Government Area will end up with 2 Judges, whereas Keana, Akwanga and Nasarawa Local Government Areas will also end up with 2 Judges each including their respective serving Judges. Even by so doing Lafia, Karu , Keffi, Toto and Wamba Local Government Areas respectively will end up with more Judges than Keana, Akwanga and Nasarawa Local Government Areas respectively. Regrettably, the JSC deliberately refused, failed and neglected to do because Exhibit “A^” contains 3 candidates from  Lafia Local Government Area alone, 1 candidate from Karu, Toto, Awe, Wamba, Akwanga and Nasarawa respectively.

Another injustice meted out on Keana Local Government Area as far as Exhibit “A” is concerned is that the JSC find it convenient to shortlist 1 candidate each from Nasarawa and Akwanga Local Government Areas who presently had 1 serving Judge each just as Keana Local Government Area, it (JSC) deliberately refused, failed and or neglected to shortlist any person from Keana Local Government Area, despite the expression of interest to be appointed as Judges by Lawyers from Keana Local Government Area.

On the whole, we submit and the Council is urged to find and hold that from the penultimate analysis of all exhibits attached hereto and present/serving judges of superior court in and from Nasarawa State, it is crystal clear that the composition of exhibit “A” (shortlisted candidates/persons) submitted to the Council offends in no small measure section 14(3) & (4) CFRN 1999 as amended and Rule 3 (6) (iv) of the NJC revised Guidelines and Procedural Rule 2014, it did not consider the geographical or territorial spread of the existing/serving  judges and their Local Government Areas in and from Nasarawa State and thus, liable to be rejected with the consequential effect on the JSC to conduct a fresh exercise.

My Lord, our Petition calling for the rejection of Exhibit “A^” by the Council is not a new phenomenon because, the Council while responding to petitions submitted to it sometimes in 2008 had cause to reject shortlisted candidates for appointment as judges submitted to it by JSC Nasarawa State and advised that a new exercise be conducted reflecting geographical or territorial spread of existing/serving judges and their Local Government Area respectively in Nasarawa State. Attached hereto and marked as Exhibit “E” is the said letter for the guidance of the Council.

While taking Steps to ensure that the JSC Nasarawa State gives Keana and Awe Local Government Areas respectively a chance to have at least 2 Judges each as an aftermath of this petition, we pray Almighty Allah to guide and protect My Lord in all ramifications. Doing this will be in the interest of Justice, Equality, Equity and fair play which are the hallmark of democracy for which the Judiciary and by extension the Council (under Your Lordship’s abled and capable leadership) is a veritable tool.

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