Tsammani and 21 other Justices from all zones make the cut
By Jeph Ajobaju, Chief Copy Editor
Justice Haruna Tsammani, who headed the Presidential Election Petition Court (PEPC) at the Appeal Court that laid the legal technical ground for the affirmation of Bola Tinubu as President by the Supreme Court, has been shortlisted along with 21 others for promotion to the top court.
The Federal Judicial Service Commission (FJSC) on Thursday forwarded the shortlist to the National Judicial Council (NJC) headed by Chief Justice of Nigeria (CJN) Olukayode Ariwoola.
Six Justices each were nominated from the North Central and South East and two each from the North East, South West, and South South.
The list was sent to the NJC on Thursday, four days after Tinubu pleaded for qualified, experienced and diligent private legal practitioners to be appointed to both the Appeal Court and the Supreme Court Bench.
Tinubu argued in an address at the opening session of the 2023 All Nigerian Judges Conference of the Superior Courts on Monday that selecting qualified lawyers to fill vacancies on the two superior courts would further strengthen the judiciary.
“I seize this opportunity to make one sentence on the appointment of private legal practitioners into our appellate courts,” he said, per Vanguard.
“Considering the constitutional provisions in practice in other jurisdictions, I am of the strong view that in order to further strengthen our appellate court, qualified, experienced and diligent private legal practitioners should be considered for appointment to both the Appeal and Supreme Court, as the nation will benefit from this.”
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Retired Justice exposes cracks in, and slurs on, Supreme Court, judiciary
Retired Supreme Court Justice Dattijo Muhammad listed several grouses at his valedictory session in Abuja on October 27, a day after the court affirmed Tinubu’s victory, which exposed cracks both in the top court and across the judiciary.
Among his complaints is that Ariwoola abuses his office as CJN, citing for example his “deliberate” failure to fill the vacant slots of the South East on the Supreme Court. The shortlisted Justices may address that.
Part of Muhammad’s full speech is reproduced below:
Now, how has the Judiciary fared in the course of my journey? The journey was calm and fulfilling until about half way through my Supreme Court years when the punctuating turbulent cracks made it awry and askew.
As presently structured the CJN is Chairman of the National Judicial Council NJC which oversees both the appointment and discipline of judges, he is equally Chair of the Federal Judicial Service Commission (FJSC), the National Judicial Institute (NJI)the Legal Practitioners Privileges Committee (LPPC)that appoints Senior Advocates of Nigeria.
In my considered opinion the oversight functions of these bodies should not rest on an individual alone. A person with absolute powers, it is said, corrupts easily and absolutely.
As Chair of NJC, FJSC, NJI and LPPC, appointments as council, board and committee members are at his pleasure.
He neither confers with fellow Justices nor seeks their counsel or input on any matter related to these bodies. He has both the final and the only say.
The CJN has power to appoint 80 percent of members of the council and 60 per cent of members of FJSC. The same applies to NJI and LPPC.
Such enormous powers are effortlessly abused. This needs to change. Continued denial of the existence of this threatening anomaly weakens effective judicial oversight in the country.
By the provision of Paragraph 20 of Part One of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria, as amended, the NJC shall comprise the following: Members: the Chief Justice of Nigeria, who shall be the Chairman; the next most senior Justice of the Supreme Court who shall be the Deputy Chairman.
Regrettably, the next most senior justice of the Supreme Court like Deputy Governors of State, shorn of any official function except at the pleasure of the Governor, is neither consulted on anything nor does he have any official function. His job as No. 2 is purely as the CJN pleases.
It is incumbent that the system provides for more inclusion and consultation among the stakeholders.
The conversation about the diminishing number of Justices at the Supreme Court has become a refrain.
As I bow out today, the number is further reduced to 10 against the constitutional requirement of 21 Justices. That this avoidable depletion has affected and will further affect the court and litigants is stating the obvious.
We are in an election season where the Election Tribunals and appellate courts are inundated with all manner of petitions and appeals.
The Supreme Court is the final court in the Presidential, Governorship and National Assembly election appeals. Yet, there are only 10 Justices left to determine these matters.
Constitutionally, each of these appeals requires a panel of seven Justices to sit on them. When a panel of seven Justices is constituted to sit on a particular appeal, only three justices are left out. Even when regular appeals are being heard in the Supreme Court, a panel of five Justices is required to sit.
We must not forget that the (Supreme (Court, being the highest in the land, receives all manner of appeals from the court below. Presently, there is neither limit nor distinction to the manner of appeals that come to the apex court.
Again, beside election matters which are seasonal, the Supreme Court’s docket is overflowing with civil and criminal appeals, some of which took many years to arrive. Most of these are still pending. Several have not even been assigned hearing dates. The court also exercises original jurisdiction.
As the Justices who hear these matters are grossly overstretched, unable to meet the demands of their onerous assignment, the litigants who approach the court seeking justice are left in limbo; waiting endlessly for justice to be served. These, as I have said before, are avoidable.
When I exit today, the North Central zone that I represent ceases to have any representation until such a time new appointments are made. My lord Hon. Justice Ejembi Eko JSC who also represented the zone, retired on the 23rd of May, 2022. It has been a year and five months now. There has not been any replacement.
With the passing of my lord, Hon. Justice Chima Centus Nweze, JSC on 29th July 2023, the South East no longer has any presence at the Supreme Court. My lord, Hon. Justice Sylvester Nwali Ngwuta JSC died on 7th March 2021. There has not been any appointment in his stead for the South East.
To ensure justice and transparency in presidential appeals from the lower court, all geo-political zones are required to participate in the hearing. It is therefore dangerous for democracy and equity for two entire regions to be left out in the decisions that will affect the generality of Nigerians.
This is not what our laws envisage. Although it can be posited that no one expected the sudden passing of Hon. Justice Nweze JSC, yet, it has been two years and seven months since previous Justice from the South East died and no appointment was made.
Ditto for the replacement of Justice Eko JSC of North Central who exited nearly two years ago.
Hon. Justice Sidi Bage JSC, now his Royal Highness the Emir of Lafia, from the North Central, had earlier voluntarily retired. He equally is yet to be replaced.
Also, it was clear ab-initio that I would be leaving the court this day on attaining the statutory age of 70. It is then not in doubt that there has been sufficient time for suitable replacements to have been appointed. This is yet to occur.
When on the 6th of November 2020 the Supreme Court, for the first time in its history, got a full complement of 21 Justices with the swearing-in of eight Justices, little did anyone know that we were only a few steps to unimaginable retrogression.
As it stands, only four geo-political regions – the South-West, South-South, North-West and North-East – are represented in the Supreme Court.
“While the South-South and North-East have two serving Justices, the North-West and South-West are fully represented with three each.
Appropriate steps could have been taken since to fill outstanding vacancies in the apex court. Why have these steps not been timeously taken? It is evident that the decision not to fill the vacancies in the court is deliberate.
It is all about the absolute powers vested in the office of the Chief Justice of Nigeria and the responsible exercise of same.
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