Justice Nelson Ogbuanya of the National Industrial Court of Nigeria has ordered Abia State Government to continue with the process of recruiting judges.
He made the order in a suit by the state Attorney-General Ikechukwu Uwanna against the Abia Judicial Service Commission (excluding the claimant), Mr. E. Agwulonu, Oluchi Nkume (who sued for herself and as representing the 2022 shortlisted candidates for appointment of judges in the Abia), and the National Judicial Council (NJC).
This suit was on the state’s protracted judicial appointment exercise.
The claimant, being the state’s chief law officer, challenged the threatened interference with the ongoing exercise.
The previous process was enmeshed in controversies and marred by litigation, which stalled it.
The fresh exercise was also threatened by petitions against its continuation.
The development created the impression that the state government could no longer engage in a fresh process of appointing judges unless the previous stalled exercise was revived.
Justice Ogbuanya granted an order directing the judicial service commission “to continue with the process of appointment of judges of the Abia State Judiciary, the requisite approval for the 2024 exercise, having been obtained from the NJC”.
The claimant had sought “a declaration that having regard to the provisions of Part II, Section 6(A) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as Amended), and Rule 3 of the 2014 Revised NJC Guidelines & Procedural Rule for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria, the first defendant has the power to call for a further expression of interest and shortlist suitable candidates for recommendation to the fourth defendant (NJC) for appointment as judges of Abia State.”
Justice Ogbuanya dismissed objections to the suit, holding that the state judicial commission was validly represented.
The court also assumed jurisdiction after citing numerous authorises, holding that the issues fall within its adjudicatory purview.
The court held that the claimant has the locus standi to institute the action because being the chief law officer, “he has sufficient interest on the issue of ensuring that the appointment of Judges in Abia State is not crippled.”
After considering the arguments of counsel, Justice Ogbuanya affirmed the state’s power to call for a fresh expression of interest for a new exercise of appointment of judicial officers after the previous attempt was marred by controversy and allegations of impropriety and corruption.
Justice Ogbuanya held: “Going by the outlined procedural steps/guidelines for judicial appointment, this stage of forwarding the memorandum containing the final shortlist of successful candidates to the NJC, pursuant to the Rule 5(1) of the NJC Rules, is the last stage of exercise of power by the Judicial Service Commission. Anything beyond that stage is no longer within the control of the Judicial Service Commission.
“As shown in the instant suit, the first defendant acting within its powers concluded the extent of its powers during the 2022 exercise, and it is no longer under its control to revive and continue with the exercise laced with gross allegations of corruption.
“Thus, on the contention by the second and third defendants that the 2024 exercise was intended to foreclose their interest in the 2022 exercise, I find no convincing evidence laid on record, by the second and third defendants, as to how the 2024 exercise has adversely affected the 2022 exercise, given that the third defendant also responded and submitted expression of interest in the 2024 exercise.”
The judge noted that judicial appointment exercise is not one-off, but regular and periodic and subject only to obtaining requisite approval.
“I take judicial notice of the fact that the controversy that surrounded the said ‘2022 exercise’, apart from being enmeshed with unresolved litigations, got so intense, that the former Attorney-General of Abia State, Uche Ihediwa, was reportedly recently suspended from using his rank of Senior Advocate of Nigeria (SAN) on account of issues arising from allegations of corruption that marred the said 2022 exercise.
“It is, therefore, within the competence of the powers of the first defendant to commence a fresh exercise which it has powers to so initiate to navigate from the previous exercise which had got stalled at the NJC due to the allegations of corruption and unresolved litigations around that. I so hold,” Justice Ogbuanya held.
He maintained that the NICN, acting within its constitutional mandate as a policy court of first instance on employment matters, can judicially intervene to break forth the logjam.
Justice Ogbuanya held: “It is of public interest that judicial appointment in Abia State is not kept in suspense ad infinitum, while other states in the country have been involved in producing judges, who are also eligible for elevation to the Court of Appeal, since the last exercise around 2020, over four years ago.
“Career choice of other aspirants cannot also be hanged and trapped in a quagmire, and administration of justice hampered by the depletion of judicial officers in the Abia State Judiciary.
“As a policy issue, this court cannot close its judicious eyes to such anomalous awful development plaguing the judicial system in Abia State! As the Presiding Judge, I cannot abdicate this responsibility, contrary to the Oath of judicial office!!
“In the circumstance, with the evidence laid by the claimant before this court buttressed in averments in the affidavits in support of the Originating Summons and documentary evidence exhibited thereto, inclusive of the policy issues involved in the dispute, this suit succeeds.
“As the claimant has made out a good case requiring judicial intervention to be entitled to the reliefs sought, I answer questions (a)-(b) in the affirmative (yes), in favour of the claimant, and proceed to grant the claimant’s reliefs (a)-(d) as prayed.
“Accordingly: It is hereby declared that having regard to the provisions of Part II, Section 6(A) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as Amended), and Rule 3 of the 2014 Revised NJC Guidelines & Procedural Rule for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria, the 1st Defendant has the power to call for a further expression of interest and shortlist suitable candidates for recommendation to the 4th Defendant for appointment as Judges of Abia State Judiciary, the requisite approval for the 2024 exercise, having been obtained from the 4th Defendant, the National Judicial Council;
“It is hereby declared, that having regard to the provisions of Part II, Section 6(A) of the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as Amended), and Rule 3 of the 2014 Revised NJC Guidelines & Procedural Rule for the Appointment of Judicial Officers of all Superior Courts of Record in Nigeria, the 2nd and 3rd Defendants do not have the power to interfere with the 1st Defendant’s power to call for a further expression of interest and shortlist suitable candidates for recommendation to the 4th Defendant for appointment as Judges of the Abia State Judiciary, the requisite approval for the 2024 exercise, having been obtained from the 4th Defendant, the National Judicial Council;
“An order is hereby granted restraining the 2nd and 3rd Defendants, whether by themselves, agents, servants or privies, from further interfering with the 1st defendant’s power to call for further expression of interest and shortlist suitable candidates for recommendation to the 4th defendant for appointment as judges of the Abia State Judiciary, the requite approval for the 2024 exercise, having been obtained from the 4th Defendant, the National Judicial Council;
“An order is hereby granted directing the 1st defendant to continue with the process of appointment of Judges of the Abia State Judiciary, the requisite approval for the 2024 exercise, having been obtained from the 4th Defendant, the National Judicial Council.
“Judgment is entered accordingly. I make no Order as to Cost.”
