Lawyers fault CJN’s roles as NJC, FJSC chair
Lawyers fault CJN’s roles as NJC, FJSC chair
Lawyers have expressed concerns over the dual role of the Chief Justice of Nigeria, Olukayode Ariwoola, who doubles as both the chairman of the National Judicial Commission and the Federal Judicial Service Commission.
The lawyers condemned the overbearing powers of the CJN, where the NJC is automatically headed by the CJN.
The NJC is a body responsible for disciplining judicial officials found wanting in conduct while FJSC is the body that initially reviews proposals or lists of candidates by appointment into judicial office.
Also, the justice sector stakeholders who graced the National Justice Summit 2024 convened by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, (SAN), held on Wednesday and Thursday, at the National Judicial Institute in Abuja, reached resolutions to present the ongoing constitution review process to the National Assembly for inclusion.
Addressing the media on Friday in Abuja, on the outcome of the summit, which was attended by judges and lawyers, Dr Babatunde Ajibade, (SAN) said the summit came out with some far-reaching measures on the nation’s justice reform.
He said, “There was a concern expressed about the fact that the Chief Justice of Nigeria, who is the chairman of the NJC is also the Chairman of the Federal Judicial Service Commission, which is the body that initially reviews proposals or lists of candidates by appointment into judicial office.
“The members (of the panel) pointed out the seeming inconsistency between the Chief Justice of Nigeria playing both those roles, as it would appear that he was then recommending candidates to himself, being chairman of both bodies and being the person who appoints a significant number of the members of both bodies other than those who are statutory members.
“There was a consensus that there is a need to codify the judicial appointments process, such that the discretion that is currently witnessed in the appointments process is reduced to the barest minimum.”
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The role of the State Judicial Service Commission and the significant need for reform in the performance of their roles were also addressed.
“About the fact that the current NJC Guidelines may have subverted the intent of the constitutional provision, empowering the State Judicial Service Commissions to make judicial appointments, because the NJC guidelines, rather than authorising the State Judicial Service Commissions to prepare a shortlist of potential candidates for judicial appointments, appear to address that responsibility solely in the chairman.
“And the chairman of the State Judicial Service Commissions are the Chief Judges of the states. So, there was a pointed suggestion that in the short term, even before we get to constitutional amendments, regarding the composition of State Judicial Service Commissions, a low-hanging fruit that could be dealt with immediately, is an amendment of that aspect of the NJC guidelines to make clear that the development or preparation of shortlist of candidates for judicial appointments is something that is to be done by the Commissions as a whole and not just by the Chief Judges,” he added.
Ajibade also disclosed that a resolution was made on the need to reduce the number of cases that make it to the Supreme Court to reduce the workload of the court.
In Nigeria, apart from state legislative and National Assembly election petitions which terminate at the Court of Appeal, other matters such as burglary, theft, and more are finalised at the Supreme Court.
“There is the importance of limiting the jurisdiction of the Supreme Court, and ensuring that matters that would go to the Supreme Court would only be matters of significant national importance.
“And, even at that, it would only be by the leave of the Supreme Court. The automatic right of appeal to the Supreme Court will be severely curtailed and will be limited only to matters relating to the office and the election into the office of the president of the federation, Vice President, and Governors of the states”, he added.
